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.
The gold biscuits were being smuggled from Manipur to the national capital via Guwahati. On Tuesday, 320 gm gold was seized by the railway police from the same railway station.
The police have arrested six persons in this connection, out of whom two are residents of Liluah in Howrah district, two are from Maharashtra and one from Gujarat. The police suspect that besides running the fake call centre, the arrested persons were also involved in illegal hawala transactions.
A forensic science lab team also reached the spot and inspected the suitcase and the spot where the body was found. The hands and the feet of the victim were tied with a rope, a police officer said, not ruling out the possibility of foul play in the case.
The officials said that some dreaded criminals were lodged in the same ward, adding that Sisodia has not raised any complaint in food or other things so far. Sisodia, who was arrested on February 26 in the Delhi excise policy case, was lodged in the cell on Monday after due formalities which included some medical tests.
Special public prosecutor (SPP) Amit Prasad argued the charges against Poonawala. It was submitted that the accused is a trained chef from Taj Hotel and is aware of preserving the flesh. Poonawala had also ordered dry ice, agarbatti etc. after killing Shraddha Walker, the police said.
Carrying placards, father Balkaur Singh and mother Charan Kaur told the media it has been almost a year of the crime occurrence and the main culprits have not been arrested.They demanded that the case should be investigated by the Central Bureau of Investigation (CBI) as crucial witnesses "are being eliminated and nothing is going in their favour."
