Friday, December 31, 2010

The Same Authority cannot be the Prosecutor, Investigator and the Judge: DGCA stripped off power to investigate accidents



Enough is Enough!! This is what the Civil Aviation Ministry had to say when it witnessed yet another extremely fatal air crash at Mangalore earlier in the year. As a result, India would now soon see an Independent Investigation Committee for aircraft accidents. This was a role which was, till date, being played by the Directorate General of Civil Aviation (DGCA).

Not only this, now the DGCA would also come under the scanner during probe for its policies and decisions that may have played a part in an air crash or incident. The Committee will be headed by a director and four other officers. With a pool of independent experts from the aviation industry, the Committee would have 15-20 members.

Though a formal shape is yet to be given to this Committee of Investigation, it is important to note that the investigation into the Mangalore Mishap is already being conducted by an Independent Investigation Team appointed by the Civil Aviation Ministry.

Out of the many issues that could arise out of this change in the functional duties of DGCA, two particular questions that bother me are:

1. DGCA is an industry regulator. What liabilities could a regulator incur due to the actions of the enterprises being regulated? It would be equivalent of saying that SEBI, the Capital Markets regulator could also be held liable for the SATYAM fiasco?

2. If the DGCA would be made liable, who on behalf of the regulator would be prosecuted and what would be the quantum of liability?

I urge all the readers to exercise their brains on these issues so that we can have a fruitful discussion here on the forum. Also it would be highly appreciated if anyone can point out any more issues that could possibly crop up from this proposed action by the Civil Aviation Ministry.

Happy Thinking... :)



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