Bar & Bench Profile picture
Jan 7 22 tweets 7 min read
[#Peeing incident on #AirIndia flight] Delhi Police to soon produce accused #ShankarMishra before Patiala House Court.
Mishra was arrested by Police from Bengaluru yesterday.
#AirIndiaHorror @airindiain Image
Mishra to be produced before Metropolitan Magistrate Anamika soon.
#AirIndia #ShankarMishra
Hearing starts.
Mishra is represented by Advocate Manu Sharma.
#AirIndia #ShankarMishra
Judge: Why do you want PC?
Public Prosecutor: We arrested him from Bengaluru. Investigation is still on.
PP: We have examined some cabin crew but we are yet to examine the captain and some others.

#AirIndia #ShankarMishra
Victim's lawyer says they have not been provided a copy of the FIR yet.
Judge: You come with the complainant. Police are saying three four people are asking for it.
#AirIndia #ShankarMishra
PP: Matter has become so viral that why we are not giving this to anyone.
Judge: We will have his statement at the bar.
Judge: Why do you want PC?
PP: we need to interrogate a lot of people.
Judge: I understand he was not joining the investigation... now he has been arrested. But my question is why is PC required? What co-operation is required?
Judge: You are saying crew members are to be examined and etc. Why do you need him (Mishra) for this? Why can't he be sent to the judicial custody?
#AirIndia #ShankarMishra
Victim's lawyer: He has recanted his statement that he made before police?
Judge: That statement does not matter anyway under the evidence act.
Victim's lawyer: According to us the crew are also accused.
Judge: Just because public pressure ban gaya hai don't do this.
Adv Manu Sharma: Please see the FIR. Only one of the sections invoked is non-bailable. Rest of them are bailable.
#AirIndia #ShankarMishra
Police demand that at least one day remand be given.
Judge: There is nothing at this stage that suggests I should send him to Police custody.
Judge dictates order.
Order: The accused Shankar Mishra is produced by IO.
#AirIndia #ShankarMishra
Order: Application is moved seeking three days PC remand.
Order: As per submissions of IO, the accused did not co-operate in the investigation.
#AirIndia #ShankarMishra
Order: Prima facie, the material shows that the accused was deliberately avoiding joining the investigation.
Order: In the considered opinion of this court, physical presence if the accused is not required to interrogate other witnesses. Even 164 CrPC statement can be recorded without taking him into police custody.
Order: For reasons above, PC application is denied. He is remanded to 14 days judicial custody.
Mishra's lawyer moves his bail application. Court issues notice and lists it for hearing on January 11 at 2pm.

#AirIndia #ShankarMishra

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#SupremeCourt
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Read 39 tweets

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