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.
Accordingly, the police registered a case under sections 302 (murder), 307 (atttempt to murder) and 34 (common intention) at the Adarsh Nagar police station and during investigation, it was revealed that deceased had a quarrel with the five accused classmates in their school, due to which they murdered him to take revenge, while they were going home.
Moving a resolution to this regard, Mann said that the main function of the Punjab State Vigilance Commission is to enquire or cause enquires into complaints alleging commission of offences by a public servant under the Prevention of Corruption Act 1988, Prevention of Corruption (Amendment) Act, 2018.
In spite of the pressure and demand to step down, the accused seer has categorically refused to quit, according to sources. The meeting was held in the leadership of former minister H Ekantaiah in this regard and discussed future course of action.
According to information, the deceased used to beat the juveniles and would often snatch their money to buy alcohol and drugs. The juveniles had been planning to take revenge for this. A senior police official said that the deceased was identified as Ajay, a resident of Labor Colony in Outer Delhi. The official said that the juveniles stabbed him repeatedly and fled from the crime scene.
The murder of Brar, who was a close relative of Canada-based gangster Goldy Brar, has triggered an inter-gang rivalry between the Davinder Bambiha gang and the Lawrence Bishnoi gang, leading to a spate of murders in Punjab, Haryana, Chandigarh and the National Capital Region (NCR) Delhi. Brar was shot dead outside a nightclub in Chandigarh in October 2020.
It was alleged that the accused illegally collected public deposits throughout Odisha by alluring the people with various deposit schemes falsely promising high returns and did not refund the maturity amount and thereby cheated the investors of their due amount.
