AI urination case: Accused Shankar Mishra moves Delhi HC against 'unruly passenger' tag
Darpan News Desk IANS, 15 Mar, 2023 11:51 AM
New Delhi, March 15 (IANS) Air passenger Shankar Mishra, who is accused of urinating on an elderly female co-passenger on a New York-Delhi Air India flight, has moved the Delhi High Court seeking constitution of an appellate committee to hear his appeal against his designation as an "unruly passenger" and banning him from flying for four months.
As a single-judge bench of Justice Prathiba M. Singh took up the matter, counsel for the Directorate General of Civil Aviation (DGCA) stated that the committee is already in place.
The court then asked the DGCA counsel to place the constitution of the appellate committee before the court within a week's time and listed the case for the next hearing on March 23.
Mishra, who was arrested by the Delhi Police from Bengaluru on January 7 for allegedly urinating on a 70-year-old woman while in a drunken state on a flight last November, was granted bail on January 31 by national capital's Patiala House Court.
Additional Sessions Judge Harjyot Singh Bhalla had granted bail on the bail bond of Rs 1 lakh, holding that what Mishra has allegedly done is disgusting but the court is bound to follow the law.
Mishra has claimed in his plea where the DGCA, Ministry of Civil Aviation and Air India have been made respondents, that on December 20, 2022, the complainant woman filed a complaint against him on the Airsewa grievance portal.
Air India established an internal inquiry committee in response to the accusation. The committee issued an order on January 18, 2023, identifying him as a "unruly passenger" and banning him from flying for four months.
According to the petition, paragraph 8.5 of the Civil Aviation Requirements (CAR) for Handling Unruly Passengers provides that anyone who is unhappy with an inquiry committee's decision may file an appeal before an appellate committee established by the Ministry of Civil Aviation within 60 days of the decision.
"The Petitioner, being aggrieved by the order dated January 18, 2023 on grounds of the aforementioned factual and legal infirmities seeks to prefer an appeal against the said order and has written emails to the DGCA on January 19 and to the Ministry of Civil Aviation on February 20, 27 and March 6. However, no such committee has been constituted as of the date of filing this Writ Petition," the plea stated.
The plea further said that it is an established position of law that a statutory right of appeal is a vested right and the non-constitution of the appellate committee by the Ministry of Civil Aviation is eroding his right to exhaust all his remedies available unto him.
"As such, the Ministry of Civil Aviation's inaction is directly infringing the petitioner's rights under Article 21 of the Constitution," it said.
Earlier on January 19, the Prime Minister was in Mumbai to lay foundation stones for a slew of projects. During his visit to Mumbai this time, Prime Minister Modi is also expected to flag off two Vande Bharat express trains.
Majithia, the brother-in-law of SAD President Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal, had been lodged in the Patiala jail on February 24 last year. The Punjab government, represented by senior advocate Shyam Divan, moved the apex court challenging the Punjab and Haryana High Court order dated August 10, 2022.
Family members of a 15-year-old girl, who died two days after getting operated at a Delhi hospital, have alleged that her organs had been removed by hospital authorities. The family alleged that after an operation of appendicitis at a hospital, in which she died, plastic bags, used for collecting urine, were found in her stomach area.
Appearing for the Centre, advocate Anurag Ahluwalia told the court that as Singh has violated Section 11A of the Foreigners Order, 1948, which prohibits a foreigner from producing any picture, film or documentary without permission in writing from the Centre, he is a blacklisted subject.
On January 13, Mishra told the court that he was not the accused. "There must be someone else who peed or it must be her who urinated," he had said. He further claimed that the woman was suffering from some prostate-related disease.
Modi said that it was perhaps the first time where Pariksha Pe Charcha was being held in such cold weather, since it is usually held in February. The PM said that the students can learn time management by observing the working style of their mothers and advised them to utilise their time properly for studies.
