Kerala Court Orders DGCA To Produce Safety Audit Report Of Go Airlines
|The Court of Chief Judicial Magistrate, Ernakulam issued summons to the Directorate General Of Civil Aviation (DGCA) to produce safety audit report of GO Airlines for the calendar years 2021, 2022, and 2023 and also the resumption plan audit report.
The Court has fixed the date of September 29 for the production of documents.
The Complainant, Yeshwanth Shenoy, an Advocate in aviation laws, was defrauded by Accused No.1, GO Airlines, and its directors (Accused No.2-13), causing substantial financial losses. The total scam exceeded Rs. 1000 Crores. Accused No.14 & 16 (booking agents) and Accused No.15 & 17 (their directors) were also involved. Some officers from Accused No.18 Regulatory Agency colluded with Accused No.1. Accused No.19 is the Resolution Professional handling Accused No.1's resolution plans.
The Complainant had urged before the Court to accept the complaint, invoking Section 156(3) of the Criminal Procedure Code to instruct Ernakulam Central Police Station to promptly register the crime and initiate an investigation as despite complaints, the police had not registered an FIR and that immediate action was vital.
On May 2, 2023, the Complainant booked flight tickets through Accused No.14 & 16's portals for Kochi-Mumbai flights operated by Accused No.1. Costs were Rs. 63,887. However, Accused No.1 filed for insolvency on the same day, concealing this information.
As per the complaint accused No.1-13 knowingly allowed bookings while filing for insolvency, causing harm to passengers, including the Complainant. DGCA (Accused No.18) and Accused No.1-13 disregarded warnings. The Complainant's legal intervention led to DGCA action and a High Court order. Accused No.1-13's actions impacted passengers and incurred refund costs exceeding Rs. 900 crores. Accused No.1-13 intentionally caused losses for the company's benefit. Accused No.14-17 (booking agents) also failed to ensure refunds. Accused No.18 officers colluded with Accused No.1, allowing fraudulent operations to persist.
In essence, Accused No.18 and Accused No.1-13 neglected aviation safety, potentially risking passengers' lives, which might lead to criminal charges under IPC sections.
The Complainant promptly alerted Accused No.14 & 16 about the situation through emails on May 2, 2023. Accused No.14 & 16, despite awareness of Accused No.1's insolvency, continued facilitating bookings, suggesting collusion.
As per the complaint the accused potentially committed offenses under IPC Sections 406, 415, and 420. It was stated in the complaint that approval of Accused No.1's resumption plans could heighten risks of Sections 307 and 302 offenses, resulting in potential loss of life.
Cause Title: Yeshwanth Shenoy v. Go Airlines (India) Limited