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.
In the latest twist in the Air India urination incident, Shankar Mishra, accused of relieving himself on an elderly woman co-passenger while in a drunken state, on Friday sought to recant from any involvement in the episode and brazenly accused the victim of soiling her own seat. However, his attempt at evading any responsibility may not succeed as it leaves many questions unanswered.
The bus, carrying around 45 passengers, reportedly crashed headlong into the truck coming from the opposite direction and then overturned, resulting in the huge tragedy, said the police. Chief Minister Eknath Shinde expressed shock and grief over the tragedy and announced a compensation of Rs.5-lakhs to the kin of all the deceased besides free medical treatment for all the injured victims.
While scanning the CCTV camera, the police found Chagan carrying the little girl. Both the families live on a footpath. On Wednesday, police picked up the accused and inquired about the girl. The body was recovered on Wednesday and sent for post-mortem. The accused has been detained and will be arrested once his corona report is negative.
The unknown caller first called shortly after 4 p.m. to warn that he had planted a 'time-bomb' in the school premises and abruptly disconnected. A few minutes later, he again called up and repeated the threat even as the panicked school authorities approached the police.
According to the airline spokesperson, SpiceJet flight SG 8133 (Delhi-Bengaluru) on January 10 was delayed on account of weather disruption in the network and the aircraft's previous rotation. As a result of this, the incoming crew was not legal to operate the subsequent flight to Bengaluru and crew was arranged from another incoming flight which was legal as per duty time limitation.
PM Modi who is in Hubballi to inaugurate the National Youth Festival, participated in the roadshow ahead of the function. People in large numbers had lined the route and accorded the Prime Minister a rousing welcome.
