The president of the foundation Yeshwanth Shenoy stated that "The SC while disposing the writ petition converted it in to a representation to ministry of civil aviation and dismissed the review petition against this disposal filed on grounds of violation of principles of natural justice."" 812 Foundation needs a certificate from a senior advocate to file the curative petition; it is in talks with few senior advocates to take forward this process.
Addressing media on various issues pertaining to aviation sector in the country here on Saturday and launching its website www.812foundation.org, Yeshwanth said this latest legal move is to seek justice for victims of IX812. The SC in a case in 2002 held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers in a curative petition.
Regretting the fact that although he had filed claim for Rs 5 crore for each of the victim, the Foundation at present is representing only one victim's family and others have not come forward. The case of Abdul Salam, a victim, whose family that Foundation is representing is limited only to interpretation of Montreal Convention as adopted by Carriage of Air Act, 1972, he said, adding it is imperative that others too must join this quest.
Referring to Airport Authority of India's own hazard identification, Yeshwanth said the non-frangible object at the end of the runway 24 was illegal. The Commission of Inquiry (CoI) report circumvented this illegality by reducing the runway end safety area (RESA) from the mandatory 180mx90m to 175mx90m in its report. The non-frangible object was within the RESA and this was not mentioned in the COI report, Yeshwanth contended.
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