Will Air India 'Peeing' Case Accused Shankar Mishra Get Bail? Delhi Court's Order Today

A Delhi court will give an order in connection to the Air India “pee-gate” accused Shankar Mishra’s bail plea on Tuesday.  The court had heard the case on Monday and reserved the order.

On Monday, the court had called out a contrary statement given in the case by witness, Ila Banerjee, who was seated in the 9C seat of the aircraft.

Delhi’s Patiala House Court on Monday, while reserving order on the bail plea of accused Shankar Mishra, noted that the statement of the victim and the witness (who was seated next to the victim) are contradictory.

“Aapke gavaah toh abhi hi aapke favour mein depose nahi kar rahe hain (Your witnesses are not deposing in your favour),” said Additional Sessions Judge (ASJ) Harjyot Singh Bhalla while referring to the statement of Ila Banerjee, the woman seated on seat 9C just next to the complainant on the New York-Delhi Air India flight.

During the course of hearing, the police told the court that due to the incident, India had been shamed globally. “It shows India in a bad light internationally,” the police told the court.

Senior advocate Ramesh Gupta, appearing for Mishra, told the court that the complaint was filed only because the complainant was aggrieved due to the partial refund given.

The judge also asked the police to explain how a case under Section 354 — assault or criminal force to woman with intent to outrage her modesty — is made out. The judge said the first step was to establish a case under Section 509 — word, gesture or act intended to insult the modesty of a woman — and later see if a graver offence under Section 354 was made out.

Responding to the court’s query, the police said: “It’s clear that he has outraged her modesty. He urinated on an elderly woman.”

To this, the judge remarked: “Exhibition of private parts can come under 509. Whether it’s a young woman or an old woman won’t be relevant in determining the offence in case of a sexual offence.”

ASJ Bhalla added: “It may be disgusting, that’s a different matter. You may be disgusted by an act, that’s different from the law. Let’s see how law deals with it. Section 354 is graver form of offence.”