Air India 'pee-gate' case: There was no 9B seat, AI 'imagining' things, claim Shankar Mishra's lawyers

Attorneys for accused Shankar Mishra in the Air India urination case, in which the airline has since been fined 30 lakh, claimed on Friday that the airline made up facts in its "faulty" report because they were unable to come up with an "adequate explanation" for how Shankar Mishra could have urinated on the complainant seated in the 9A seat.

The airline imagined that Shankar Mishra could have stood at the "imaginary" seat and peed on the 9A seat because they assumed there was a seat 9B in business class on the aircraft.  "However, there is no seat 9B in the business class on the aircraft -- only seats 9A and 9C," a statement issued by Shankar Mishra's lawyers said.

Shankar Mishra was denied access to Air India for a period of four months on Thursday after the airline submitted the findings of its internal committee. Shankar Mishra's attorneys responded to the ban by claiming that the report was based on an incorrect perception of the aircraft's layout. The presence of two aviation experts on the committee that produced the report surprised the lawyers as well.

"When the Committee could not find an adequate explanation as to how the accused could have urinated on the complainant sitting on seat 9A without also affecting the passenger on Seat 9C, it has erroneously gone on to assume that there was a seat 9B in the business class in the aircraft and imagined that the accused could have stood at this imaginary seat and urinated on the complainant on seat 9A. However, there is no seat 9B in the business class on the craft - only seats 9A and 9C," the statement said.

The Delhi Police detained Shankar Mishra on January 4 in connection with the Air India urination case, which came to light nearly a month after it occurred as a result of the elderly female passenger's complaint to Air India. The complainant was seated in seat 9A, and Shankar Mishra's attorneys argued that she could not have urinated there without disturbing her companion in seat 9C. The case is now in the hands of the court, which also requested a layout of the aircraft.

During the case hearing, Shankar Mishra's attorneys presented a different theory, claiming that the complainant had peed on herself. This statement drew criticism.

Air India found Shankar Mishra guilty and labelled him a "unruly passenger" in the internal report.  ".. the Committee reaches to an irresistible conclusion that the allegations made against the respondent-passenger in the 'proforma for reporting of unruly/disruptive passenger'.. stand established and accordingly the Committee holds that the respondent-passenger Shri Shankar Shyamnaval Mishra is squarely covered under the definition of 'unruly passenger' as defined in paragraph 3.1 of the CAR. The respondent-passenger Shri Shankar Shyamnaval Mishra is accordingly put in 'NO Fly List'," the report said.

In connection with the Shankar Mishra case, the Directorate General of Civil Aviation fined Air India Rs 30 lakh on Friday for breaking the rules. The inflight services director has been assessed a fine of Rs 3 lakh. Due to his negligence, the flight's commander has been placed on three-month leave.

Also Read: 'Acknowledge gaps in reporting': Air India responds to DGCA action in urination case

Also Read: Air India peeing incident: Airline slapped with Rs 30 lakh fine, licence suspended of pilot-in-command