Air India Urination Case Archives - Lokmarg

Air India Urination Case: 30L Penalty, Pilot’s Licence Suspended For 3 Months

By LokMarg 20th January 2023

Taking note of the Air India urination case, the Directorate General of Civil Aviation has imposed a financial penalty of Rs 30 lakh on the airline, DGCA officials said on Friday.

The aviation regulator also has suspended the license of the Pilot-In-Command of the flight for the period of three months.
According to the DGCA’s notification, the license of the Pilot-In-Command has been suspended for a period of three months for failing to discharge his duties as per Rule 141 of the Aircraft Rules, 1937, and applicable DGCA Civil Aviation Requirements.

“Financial Penalty of Rs 30,00,000 (Rupees Thirty Lakh only) has been imposed to M/s Air India for violation of applicable DGCA Civil Aviation Requirements,” it further said.

The Director-in-flight services of Air India have also been slapped with a financial penalty worth Rs 30 lakh for failing to discharge her duties as per applicable DGCA Civil Aviation Requirements.

“DGCA issued Show Cause notices to the Accountable Manager of M/s Air India, the Director of in-flight Services of M/s Air India, and all the pilots and cabin crew members of that flight as to why enforcement action should not be taken against them for dereliction of their regulatory obligations. The written reply of M/s Air India and the personnel involved were examined,” the DGCA said in the statement adding that these actions have been taken in the instant case according to the written response of the airline.

On November 26 last year, a man named Shankar Mishra allegedly urinated on a 70-year-old woman in an intoxicated condition in business class of an Air India flight.

Delhi Police had registered a First Information Report (FIR) against him on January 4 on a complaint given by the woman to Air India under sections 354, 509, and 510 of the Indian Penal Code (IPC) and Section 23 of the Indian Aircraft Act. Both the accused and the victim are from outside Delhi.

US-based financial services company Wells Fargo also terminated its employee Shankar Mishra after the incident.

“Wells Fargo holds employees to the highest standards of professional and personal behavior and we find these allegations deeply disturbing. This individual has been terminated from Wells Fargo. We are cooperating with law enforcement and ask that any additional inquiries be directed to them,” the company said in a statement.

Air India also banned Shankar Mishra, accused of urinating on the elderly woman, from flying for four months. (ANI)

Air India Urination Case Twist Woman Urinated On Her Own Seat, Accused Tells Court

By LokMarg 13th January 2023

Shankar Mishra, accused of urinating on a woman on board an Air India Flight from New York to New Delhi flight on Friday told a Delhi Court that he did not commit the offence and submitted that the complainant herself could have peed on her own seat.

The accused through senior lawyer Ramesh Gupta submitted, “The complainant woman’s seat was blocked. It wasn’t possible for him (Mishra) to go there. The woman has a problem of incontinence. She urinated on herself. She is a Kathak dancer, 80 per cent of kathak dancers have this issue.”
Raising questions over the Delhi Police investigation, senior advocate Ramesh Gupta submitted that there must be someone else.

“She herself urinated. The seating system was such that no one could go to her seat. The passenger sitting behind the complainant did not make any such complaint,” he added.

On this, Additional Sessions Judge Harjyot Singh Bhalla observed that “It is not impossible to go from one side of the flight to the other. Sorry, but I have travelled as well. Anybody from any row can come around and go to any seat.”

After noting the submissions made before the session by the Delhi Police to investigate was the accused person was intoxicated before boarding the flight or not, the Additional Sessions Judge said, “The appeal doesn’t seem to have been made before the magistrate court. It is not appropriate to decide on an order based on submissions not made before the magistrate. The ground seems to be widely worded and the magistrate can’t be expected to apply his mind to all possible situations.

The Sessions court later granted liberty to Delhi Police to re-approach the Magistrate Court to seek police remand with fresh grounds, if needed.

Earlier on January 7, Delhi’s Patiala House Court Mishra to 14 days of judicial custody.

On Wednesday, the Patiala House Court reserved an order on the bail petition moved by Shankar Mishra.

However, Delhi Police opposed the bail plea of Shankar Mishra. Police said, if he enlarged on bail, he can influence the complainant.

Public Prosecutor representing Delhi Police submits that 164 statements of the complainant have been recorded along with several others. More statements are yet to be recorded soon.

The Magistrate Court was also informed by the Delhi Police that it has moved a revision plea against the denial of police remand which is listed tomorrow.

Shankar Mishra was arrested by Delhi police from Bengaluru on January 6, 2023.

Mishra had allegedly urinated on a 70-year-old woman in an intoxicated condition in business class of an Air India flight on November 26 last year.

Delhi Police had registered an FIR against him on January 4 on a complaint given by the woman to Air India. The police registered an FIR under sections 354, 509, and 510 of the Indian Penal Code (IPC) and Section 23 of the Indian Aircraft Act. Both the accused and the victim are from outside Delhi. (ANI)

Air India Urination Case: Court Sends Mishra To 14 Days Judicial Custody

By LokMarg 7th January 2023

Delhi’s Patiala House Court on Saturday sent accused Shankar Mishra, who had allegedly urinated on a co-passenger onboard an Air India flight between New York and Delhi on November 26 last year, to 14 days judicial custody.

The Delhi Police had sought three days of police custody of Shankar Mishra.
Advocate Manu Sharma appearing for Shankar Mishra submitted that in the FIR only one non-bailable offence is mentioned, others are bailable offences.

Metropolitan Magistrate Anamika recorded the submission made by Police that Shankar Mishra has been non-cooperative.

It further recorded that the same court issued a non-bailable warrant against him.

“Accused Shankar Mishra’s mobile phone was traced and he was located in Bengaluru. He could not even be traced at his workplace. The entire material points out that he was deliberately not joining the probe,” noted the Delhi Court.

Meanwhile, accused Shankar Mishra’s lawyer moved a bail plea in Delhi’s Patiala Court. The plea will be heard on January 11.

Before taking to the Patiala House Court in Delhi, the accused was taken to Safdarjung Hospital for a medical examination.

He was arrested by Delhi Police from Bengaluru last night.

Notably, the Delhi Police has so far recorded the statements of three crew members of Air India today in connection with the case.

Mishra had allegedly urinated on a 70-year-old woman in an intoxicated condition in business class of an Air India flight on November 26 last year.

The accused was arrested by the Delhi Police today from Bengaluru and brought to Delhi, police said.

Delhi Police had registered an FIR against him on January 4 on a complaint given by the woman to Air India.

The police registered an FIR under sections 354, 509, and 510 of the Indian Penal Code and Section 23 of the Indian Aircraft Act. Both the accused and the victim are from outside Delhi.

US-based financial services company Wells Fargo on Friday also terminated its employee Shankar Mishra.

“Wells Fargo holds employees to the highest standards of professional and personal behaviour and we find these allegations deeply disturbing. This individual has been terminated from Wells Fargo. We are cooperating with law enforcement and ask that any additional inquiries be directed to them,” the company said in a statement.

The company’s statement came after Delhi Police reached out to Wells Fargo to cooperate with investigations against accused Mishra.

Meanwhile, after facing backlash, Air India has issued show cause notices to four of its cabin crew and one pilot and de-rostered them pending investigations.

On Friday, Air India chief executive officer (CEO) Campbell Wilson also asked the airline staff to report any instances of “any improper behaviour on board to authorities at the earliest even if the matter appears to be resolved”.

In a letter to Air India employees, the CEO stated that timely action is necessary against those who don’t follow the flight rules.

Campbell said, “This week has, ‘regrettably’, been dominated by media headlines of which you are no doubt familiar. The repulsion felt by the affected passenger is totally understandable and we share her distress.”

He reiterated the importance of reporting untoward incidents onboard flights to authorities, even if the crew believes it has been resolved. (ANI)