Mumbai High Court
Mumbai High Court

Mumbai: Taking a sympathetic view, the Bombay High Court on Tuesday allowed a Pune based man to travel via road to Assam to attend the final rites of his father, who died on April 5.

The HC, however, refused him to travel in a cargo flight. A single bench of Justice Anil Menon considered the letter written by Binny Dholani seeking an urgent hearing. Justice Menon heard Dholani's matter via video conferencing.

In his letter, Dholani apprised the judge of the fact that his father died of heart attack and that since he is the only son, it was mandatory for him to attend the last rites.

He accordingly urged the bench to issue directions to the airport authorities to allow him to fly in a cargo flight or any other flight available to reach Guwahati at the earliest.

Appearing for the Union government, Anil Singh, the additional solicitor general (ASG) told the bench that there are several other persons who have passed away, some after being afflicted by Covid-19 and some for other reasons.

"But in no case would passengers be permitted on flights in view of the specific directions of the Union government and the order issued by the Director General of Civil Aviation," Singh submitted.

The ASG further submitted that Dholani's request cannot be accommodated even under the category of permissible flights and no exception can be made in his case. "However, if Dholani is desirous of travelling by road, I am instructed by the authorities to state that the Union government will permit passage by road if he so desires," Singh added.

Having heard the contentions, Justice Menon allowed the plea saying, "Once Dholani decides, he is directed to convey the road route that he intends to take to reach his destination so that authorities would be aware of the various point of exit from and entry to states through which he would pass at state borders in order to enable him to reach Lanka, Assam."

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