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 accused were identified as Mohd. Danish (33) and Danish alias Raja (30), both residents of Sambhal in Uttar Pradesh. Police have also recovered five high end luxury cars and SUVs from the possession of the accused.
The cause of the provocation is yet to be ascertained, an official told IANS, adding the situation is under control. Videos of the ruckus were viral on the social media. Many parked vehicles and a nearby police station was pelted on with stones.
The court had, on March 4, extended Sisodia's CBI custody for two days and listed his bail plea for March 10 and in the last two days, the CBI questioned him with key witnesses -- former excise commissioner Arva Gopi Krishna and former excise department secretary C. Arvind -- in this case, who recorded their statements in front of a magistrate.
A police official said that the two men, wearing masks, entered the bank branch at around 9.45 a.m. when only three employees were present there, and threatened the staff with a pistol. They forced the staff to open the vault where Rs 10 lakh was kept and fled with the money by 10.30 am.
The Chief Minister, who reviewed the arrangements for the mega event here, said Punjab is fully ready to host the sessions and asked the officers to ensure foolproof arrangements for the working sessions slated to take place at the holy city of Amritsar next week.
The arrested customers have been identified as Anil, Rajan, Sagir, Abhishek and Harish. The house belongs to one Neeraj Bhati. Police recovered six mobile phones, Rs 2,100 in cash and objectionable items from their possession.
