Judge didn't err in appointing commissioner for airport: Bench

By Our Staff Reporter

CHENNAI, AUG. 12. The Madras High Court has upheld a single judge order appointing an Advocate Commissioner to make enquiries about improvement of passenger amenities at the International airport here.

Disposing of an appeal filed by the Airports Authority of India (AAI), a division bench comprising Mr. Justice V. S. Sirpurkar and Mr. Justice B. Akbar Basha Khadiri said the single judge had not committed any error in appointing the Commissioner.

``After all, the Advocate Commissioner is not to act as some superior authority of the Airport Authority. He will only be a fact-finding machine and will assist the court in knowing what the actual situation is.''

The original complainant, Dr. K. M. Cherian, said that despite Chennai being a medical centre of repute hosting a number of international conferences, the amenities at the airport were far from satisfactory.

Dr. Cherian wanted the AAI authorities directed to strictly comply with the provisions of the International Airports Authority Act 1971 and take effective steps to implement the Act for the betterment of the airport on all fronts.

Even air-conditioners and conveyor belts were not in proper working condition, thereby delaying passenger clearance, he said.

On December 22, 2000, the single judge observed that the petition could not be dismissed in limine (admission stage), nor could it be allowed straight away. He appointed Mr. R. Sudhakar, Advocate Commissioner, to enquire into the allegations.

But the AAI challenged the appointment, saying it was not justified.

The bench said every person had a fundamental right to know how the government machinery worked.

Leaving the decision on the merits or demerits of the allegations to the single judge, the Bench said he was justified in appointing the official. It also extended by six weeks the time given to the Advocate Commissioner.

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Section  : Southern States
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