HC rejects bail for sacked ATCs

MUMBAI, MARCH 20: The Bombay High Court today rejected anticipatory bail applications of the four Air Traffic Controllers ATCs of Mumba...

MUMBAI, MARCH 20: The Bombay High Court today rejected anticipatory bail applications of the four Air Traffic Controllers ATCs of Mumbai airport who were sacked on February 18.

Justice P S Patankar rejected the application after a two-day hearing. The ATCs were taken into custody and will most likely be produced before a magistrate at the Bandra Court on Monday, sources said.

The ATCs, Prashant N Bahugana, regional secretary of the ATC Guild, M K Sinha, P Srinivas and Sudhanshu Gupta were summarily sacked by the Government for participating in a go slow8217; agitation that led to a drastic fall in air traffic and affected flight punctuality.

Air traffic was disrupted since February 1 following a directive by the ATC Guild to delay flights to press for their demands. It was the first time that the Suppression of Unlawful Acts against the Safety of Civil Aviation Act 1982 was invoked against agitating airport employees. The Act prescribes life imprisonment for those proved guilty.

The ATCs8217; counsel AMundargi said in defence that Section 3 A of the Aviation Act, which was used mostly in case of hijackers and terrorists for endangering passengers8217; lives, could not be used against agitating ATCs. The matter, Mundargi argued, was one between the management and labour.

However, Justice Patankar held that this was not the forum to argue the legalities involved. He noted that prima facie, there was evidence that air traffic was hindered and passengers were caused severe inconvenience.

According to a report filed by M A Quavi, senior inspector at Santacruz Airport police station who is investigating the case, the Airport Authority of India had filed a suit in the Delhi High Court for orders against the ATC Guild for inconveniencing passengers.

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Similar public interest litigations, the report said, had been filed in the Calcutta High Court and the City Civil Court in Mumbai. Although the courts have passed orders against the ATC Guild, flights continued to be disrupted, which, 8220;shows that they have norespect whatsoever for the judicial orders,8221; the report said.

An offence was registered against the accused under Sections 283, 290, 291, 341, 34 of the Indian Penal Code read with Section 3 A 1 B of the Suppression of Unlawful Acts against the Safety of Civil Aviation Act.The section states that, 8220;whoever, at any airport, unlawfully and intentionally, using any device, substance or weapon, destroys or seriously damages any aircraft or facility at an airport or disrupts any service at the airport, endangering or threatening to endanger safety at that airport, shall be punished with imprisonment for life and shall also be liable to fine.8221;