The Delhi High Court has requested Air India's response to a request made by Shankar Mishra. Mishra is facing allegations of urinating on an elderly woman who was his fellow passenger during a flight from New York to Delhi last year. He has requested certain documents to support his claim of innocence.
Justice Subramonium Prasad has issued a notice to the airline in response to Shankar Mishra's petition. This petition challenges the decision of an appellate committee that refused to instruct Air India to provide the requested documents. The court has granted Air India time to file a reply in this matter.
In March, the high court had instructed the Directorate General of Civil Aviation (DGCA) to establish an appellate committee in accordance with the Civil Aviation Requirements for Unruly Passengers. This committee was formed to hear Shankar Mishra's appeal challenging the four-month flying ban imposed on him following the alleged incident.
In his petition, Shankar Mishra asserted that there are specific documents and communications between the pilots, crew, and the airline, which he believes will support his claim of innocence. However, the committee, in its order issued on September 15, declined to provide him with these documents.
Mishra argued that the failure to provide the relevant material he requested constitutes a violation of his fundamental rights and goes against the principles of natural justice.
The petition asserts that the entire investigation against the petitioner is compromised or tainted because of the failure to provide the documents that could demonstrate that he was merely sleeping on the flight and not exhibiting unruly behavior as alleged.
The airline, in January, imposed a four-month flying ban on Mishra for allegedly urinating on a 70-year-old woman while in an intoxicated state within the business class of the aircraft on November 26 of the previous year.
On January 4, the Delhi Police filed a First Information Report (FIR) against Shankar Mishra under various sections of the Indian Penal Code (IPC). This action was taken based on a complaint made by the woman to Air India.
Shankar Mishra was arrested in Bengaluru on January 6 and was later remanded to judicial custody by a court in Delhi. On January 31, the trial court granted him bail, stating that his continued custody was not necessary for the purpose of evidence collection.
The court is scheduled to hear the matter again on January 19.
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