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Kunal Kamra sends IndiGo legal notice over flying ban, asks for Rs 25 lakh compensation

Kunal Kamra's legal notice demands action against officials who he claims banned him in violation of civil aviation requirements after he heckled Arnab Goswami.

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New Delhi: Comedian Kunal Kamra has slapped a legal notice on IndiGo for banning him from flying with the private airlines for six months after he heckled Republic TV anchor Arnab Goswami aboard one of its planes from Mumbai to Lucknow Tuesday.

Kamra has demanded a compensation of Rs 25 lakh from IndiGo airlines for the “mental pain and agony” suffered by him and losses incurred due to the cancellation of his scheduled events in the country and overseas. The comedian has also sought a revocation of the ban and an unconditional apology from the airlines.

Talking to ThePrint, Kamra confirmed having sent the notice, but refused to speak any further on it. “I don’t want to communicate through any other channel. Just my Twitter is enough,” he said.

He has also demanded action against the officials responsible for banning him in violation of the civil aviation requirements (CAR), that are issued by the Director General of Civil Aviation (DGCA).

Kamra had made headlines Tuesday after he posted a video of him questioning Goswami on his “journalism” and political views.

Soon after, IndiGo had released a statement saying it was banning Kamra for six months because of the latter’s “unacceptable behaviour”. It also advised passengers “to refrain from indulging in personal slander whilst onboard”.

Union Minister for Civil Aviation Hardeep Singh Puri also called Kamra’s behaviour “offensive” and urged other airlines to impose similar restrictions on the comedian.

Acting on Puri’s advice, three airlines — Air India, SpiceJet and GoAir — imposed indefinite bans on Kamra but Air Asia and Vistara said they will await the DGCA’s order in writing before taking a similar step.


Also read: Kunal Kamra, you only harmed yourself. Next time with Arnab, do what Arvind Kejriwal does


‘Arm- twisting tactic’

According to the CAR, it is the pilot-in-command who has to file a complaint of unruly behaviour with the airline’s central control on the ground to initiate action against any passenger.

An internal committee is then set-up to determine whether the passenger has indulged in any “unruly behaviour” before imposing a ban on her or him. This committee is required to take a decision within 30 days, during which time only a temporary ban can be imposed on such a passenger.

The IndiGo captain in a letter to the airline, said Kamra’s behaviour did not warrant the action taken.

The legal notice by Kamra states that such a complaint was neither filed by the pilot-in-command nor was an internal committee set up to investigate the incident.

IndiGo, it says, had announced a ban on him via Twitter and calls this procedure “wholly illegal, arbitrary, unjustified and non-est in law” and also labels it as an “arm twisting tactic”.

Fundamental rights violated

Kamra’s legal notice says the ban violates his freedom of movement under Article 19(1)(d) of the Constitution.

“Freedom to travel, both within and outside the confines of the territory of the state, has been regarded by the Hon’ble Supreme Court as axiomatic as well as an inherent part of the expression ‘personal liberty’ occurring in Article 21 of the Constitution. Again, it is stressed that these fundamental rights of my client have been violated without following any due process or procedure established by law,” it reads.

It further asserts that Kamra was not served any official notice and was hence not given a chance to rebut the allegations made against him. This, it says, violates the principles of natural justice.


Also read: Kamra-Goswami saga: from Wright Brothers to ‘lowly pest’, Kunal Kamra is a Twitter legend


 

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