Delhi HC Asks DGCA To Make A Panel To Hear Accused’s Plea In Air India Urination Case

The Delhi High Court bench of Justice Prathiba M Singh on Thursday asked the Director General of Civil Aviation (DGCA) to form a committee to hear the Accused's plea against the tag of Unruly Passenger given to him. The accused, Shankar Mishra has been banned from flying for four months in the case where he was alleged to have urinated on a 70 year old senior woman on an Air India Flight from Delhi to Bengaluru.

The Accused has been alleged to have done this while he was drunk and has since been let go from his job as well. The company has found the allegations against him to be deeply disturbing but the accused has put forth consistently that the allegations are false.

Background;

The incident took place on November 26, 2022 in the business class. The accused was in an inebriated state and urinated on a 70 year old woman. The Air India in response made an internal committee to probe into the lapses on part of the crew. He has claimed that the woman has either urinated herself or someone else must have urinated. He has also put forth that being a classical dancer she was suffering from some issue but the lady denied these claims.

On January 19 the accused was banned from flying by Air India and was added to the no fly list.

Delhi police had registered the FIR against the accused under Sections 354, 509, and 510 of the IPC and Section 23 of the Indian Aircraft Act as per the complaint of the woman. Mishra has since been released on bail by the Patiala House Court of Delhi.

Proceedings Before the Delhi High Court:

The counsels on behalf of accused submitted before the court that as per paragraph 8.5 of the Civil Aviation Requirements (CAR), when a person is aggrieved by the order of the internal committee in the matters of handling unruly passengers, that passenger can prefer an appeal within 60 days of the date of order before an appellate committee. It was further submitted that the Ministry of Civil Aviation’s inaction infringes the petitioner’s rights under Article 21 of the constitution.

The Delhi High Court bench was told that currently the appellate committee that is to be constituted by the Ministry of Civil Aviation does not have a chairman. Thereafter the bench asked the Director General of Civil Aviation (DGCA) to form a committee to hear the Accused's plea against the tag of Unruly Passenger given to him.

CASE: SHANKAR SHYAMNAVAL MISHRA V. UNION OF INDIA