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 passengers sitting in the train said that a rod came crashing through the window of the coach and hit the neck of a young man sitting on the window seat. After the accident, the train stopped at Aligarh station at around 9.23 a.m., where the body of the deceased was handed over to Aligarh GRP and an inquiry was ordered.
A SpiceJet flight from Jeddah to Calicut was diverted to Cochin where it made an emergency landing on Friday. The flight carrying 197 passengers had to make an emergency landing at the Cochin International Airport (CIAL) on Friday evening following hydraulic failure.
Meanwhile, the prison authorities have also increased the security of his barrack after the police van was attacked by men, who were armed with swords. Though his confessions in the narco test cannot be used in the court, yet it proved that the investigators were proceeding in the right direction.
The victim sent payments worth $48,000 to the Paypal account of the accused. Even after receiving the extortion money the accused did not stop and further sent threatening emails to the victim asking him to buy an iPhone charger and earphones.
"During the search, a blue and black coloured hexacopter drone (model E616S) along with black tape-wrapped five packets of heroin weighing 5.60 kg was found lying in the agricultural land of a local resident," he said, adding the preliminary investigations suggest this drone was found to be having a modern technology and it could lift a good amount of weight.
The test was successful and provided several clues to the investigators. Aaftab was taken to Ambedkar hospital around 8.30 a.m. for his narco test, which started around 10 a.m and ended at 12.30 p.m.
