Air India: Accused spreading falsities with intent of further harassment

After the new allegations made by Shankar Mishra, accused of urinating on a woman on Air India Flight that he did not commit the offence and the complainant herself could have peed on her own seat, the complainant issued a statement stating that accused has adopted a campaign of spreading misinformation and falsities with the intent of further harassing the victim.

"Accused, instead of being remorseful for the utterly disgusting act committed by him, has adopted a campaign of spreading misinformation and falsities with the intent of further harassing the Victim."

"Needless to state, the allegations are completely false and concocted and by their very nature are disparaging and derogatory. The said allegations are also in complete contradiction and a complete volte-face of the statements and the pleaded case of the accused in his Bail Application", said the statement.

The statement issued further stated that the endeavour of the victim throughout has been to ensure that institutional changes are made so that no individual has to go through the horrendous experience that the victim suffered.

The Complainant through her Lawyer Ankur Mehindro stated that it has been brought to our knowledge that certain scurrilous and defamatory allegations have been made on behalf of the accused during a court hearing.

On Friday, during the hearing, 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.

After noting the submissions made before the session court 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 sent Mishra to 14 days of judicial custody.

On January 11, 2023, the Magistrate Court of Delhi's Patiala House Court while dismissing the bail plea of accused Shankar Mishra said the alleged act of the accused of relieving himself upon the complainant is utterly disgusting and repulsive.

"The alleged act in itself is sufficient to outrage the modesty of any woman. Egregious conduct of the accused has shocked the civic consciousness and needs to be deprecated, said Metropolitan Magistrate Komal Garg.

As per the allegations, the accused was voluntarily drunk and had consumed alcohol during the flight and the said fact has not been denied by the applicant. The alleged act in itself prima facie reflects the intention of the accused, added the Court.

It has also come on record that the accused has tried contacting the victim and the possibility of the accused influencing the witnesses cannot be ruled out. Further, as per the report of the Investigation Officer (IO), the other witnesses are yet to be interrogated and the investigation is at a very initial stage, said the court in order.

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 the 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 last week also terminated its employee Shankar Mishra.

In the bail plea, Shankar Mishra stated that he will continue to be cooperative with the police in the future as well and cooperate in the investigation in any manner or form required. The scene of the crime i.e., the aircraft is already vitiated.