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 girl was rushed to a hospital, where her condition is stated to be out of danger, an official said. The incident occurred at Prathmik Vidyalaya, opposite Model Basti near Rani Jhansi road in Delhi.
Delhi Police had submitted before the court that the investigation was in progress and requested for extension of his judicial custody. Poonawalla, who is accused of killing his live-in partner Walkar and then chopping her body into 35 pieces is currently lodged in the Tihar jail.
Apart from the arrest of two juveniles in conflict with law, the remaining four module members arrested have been identified as Gurpreet Singh, alias Gopi Numberdar (18) of Naushera Pannua; Gurlal Singh, alias Gahla (19) of Chohla Sahib; Surlalpal Singh, alias Gurlal, (21); and Jobanpreet Singh, alias Joban (18) of Naushra Pannua.
Among the H and L, the H-1B and L-1 are among the most popular non-immigrant work visas in the US. In October this year, the US Embassy in India released over 1,00,000 appointments for H and L visas for workers and their families to cut down the wait time.
Eight persons who were critically injured people have been admitted to the Orai Medical College in Jalaun district, said police. According to reports, a gas stove lit up by a cook triggered the blaze, which spread to a nearby wooden structure.
The state government, in a counter-affidavit, said the Excise Department has been regularly carrying out massive enforcement drives against manufacture and use of illicit homemade liquor/spurious liquor. The state government's response came after the Supreme Court expressed concern at increasing illicit liquor trade in the state.
