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.
According to sources, Singh, a resident of Faridkot, was the person who had launched the attack on Monday. A rocket-propelled grenade or RPG was fired from the street that shattered the window panes of Punjab Police's intelligence headquarters in Mohali.
Lt Gen Aujla, an alumnus of the Indian Military Academy, Dehradun, was commissioned in December 1987 and has had an illustrious military career spanning 35 years during which he has held varied prestigious command, staff and instructional appointments.
The area around the Intelligence Bureau office has been sealed and investigation is in progress. A bomb disposal and forensic squads have been positioned at the spot. Chief Minister Bhagwant Mann spoke to Director General of Police V.K. Bhawra and sought details about the incident.
Notably, the police detained several people, including party workers, who were not allowing the SDMC to carry out the demolition drive at Shaheen Bagh. After the agitation was quelled, the bulldozer moved forward to demolish the illegal encroachment, an iron structure in front of a building. It is at this juncture that Khan reached the spot and was seen speaking to the officials.
Punjab shares a 553-km barbed-wire fenced international border with Pakistan which is under the vigil of nearly 135 BSF battalions. The drug network operates along the Afghanistan-Pakistan-India route.
