The Supreme Court in the case Hindu Sena (Regt.) versus Union of India and others observed and refused to entertain a writ petition challenging the permission granted to members of Sikh community to carry “kirpan” in domestic flights. Moreover, the bench asked the petitioner to move the jurisdictional High Court.
In the present case, an organization named Hindu Sena filled a petition, where in challenging the exemption given to Sikh community by the Bureau of Civil Aviation Security as discriminatory.
The bench comprising of Justice S Abdul Nazeer and Justice JK Maheshwari observed and told the petitioner that You go to the High Court, the same is dismissed, with liberty to approach the High Court.
It was observed that the petitioner challenged the order issued by Bureau of Civil Aviation Security on March 4, 2022 which stated that “kirpan” on his person may be carried by a Sikh passenger in domestic flights provided the length of its blade does not exceed 15.24 cms (6 inches) and the total length does not exceed 22.86 cms (9 inches). Therefore, while travelling it is allowed by air on Indian aircraft within India (domestic routes of only domestic flights).
It was argued by the petitioner that the exemption violated right to equality and was discriminatory. Further, the petitioner argued that the fundamental right to freedom of religion under Article 25 of the Constitution can be limited by the safety concerns of co-passengers in a flight.
