INTERGLOBE AVIATION LIMITED Vs. UNION OF INDIA, THR. SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE SECRETARY ETC.

JUDGEMENT

(1.) During the course of the hearing, a counter affidavit has been filed on behalf of the Union of India in the Ministry of Health and Family Welfare dealing with the issue as to whether disinfection of aircraft through the process of fumigation should be permitted. That is the main issue which has been raised in the civil appeals.

(2.) The affidavit makes a reference to the guidelines of the World Health Organisation ("WHO") as well as to the provisions contained in the Aircraft (Public Health) Rules 1954.

(3.) Having regard to the nature of the issues raised, particularly in the context of public health, it would be appropriate if the Union government considers the feasibility of setting up a high powered Committee consisting of experts in the field. The Committee will, upon due assessment of the benefits and hazards involved, take a considered decision. Since the matter essentially pertains to an issue of policy, we are of the view that such an exercise should be carried out by the Union government in the first instance. This would also apprise the court of the position of the Union government.