Delhi HC reserves order on PIL against permission to Sikhs to carry kirpans on flights

New Delhi

The Delhi High Court on December 15 said that it would pass an order on a public interest litigation (PIL) against the permission accorded to Sikhs to carry kirpans while travelling on civilian flights in India.

“Arguments heard. Order reserved. We will pass appropriate order,” said a bench headed by Chief Justice Satish Chandra Sharma on the plea by Harsh Vibhore Singhal, who claimed that a committee of stakeholders should be constituted to “apply its mind” to the issue.

The petitioner, a lawyer, had challenged a March 4, 2022 notification by the Centre which said that Sikh passengers shall have exceptional regulatory sanction to carry kirpans having blade length of no more than 6 inches and total length of no more than 9 inches while onboard any civilian flight in India operating on all domestic routes.

The bench, that also included Justice Subramonium Prasad, orally remarked that it was a policy of the government of India and the court cannot interfere with it unless it is arbitrary.

“How can we interfere with such a policy decision? We can't interfere. It is a policy decision of the government of India,” the court said.

“Your mind might not be the government's mind. Therefore when the government has applied its mind and has come with a policy, we ought not to interfere unless it is so arbitrary,” it added.

The court also refused to entertain submissions by certain parties, including MP Simranjit Singh Mann, seeking impleadment in the matter as their applications were not on record.