Showing posts with label Drunk. Show all posts
Showing posts with label Drunk. Show all posts

Hooray for the courts. Drunk IndiGo passenger gets life term for threatening a hijacking

Early in February 2009, Bangalore Aviation had advocated a strong "zero tolerance" approach to drunk passengers in Indian skies, specifically citing the case of Jitendra Kumar Mohla, a Chartered Accountant, and son of a former Air Commodore of the Indian Air Force, who boarded an IndiGo flight 6E-334 from Goa to New Delhi, in a drunk condition.

Today, we are happy to report that District Judge IS Mehta threw the book at Mohla and sentenced him to life imprisonment. He was convicted under Section 3(1) (D) of the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982, which deals with offences on board an aircraft. Mohla, however, was acquitted on the charges framed under the Anti Hijacking Act.

During the flight Mohla misbehaved with a stewardess and threatened the entire crew, saying that he was armed. He said he had two accomplices on the board and they would hijack the plane. He also said that he was official of the Director General of Civil Aviation (DGCA)

According to the police, Mohla had allegedly entered the plane’s cockpit and sparked panic by claiming that he had hijacked the plane. The prosecution has claimed that Mohla had also warned the crew members that he was one of the accused in the infamous 1999 Kandahar hijacking (an Indian Airlines A300 IC 814, from Kathmandu to Delhi was hijacked) and was carrying needles with which he will “infect” others if they resisted him.

This judgement has sent a clear signal for airlines to act against mischief makers on-board their flights by separating intent from actions. The judge said
“Even if it is presumed that he (Mohla) had no such intention, it must be attributed that he knew he was on board an Indigo flight carrying 160 passengers and his terrifying act could endanger the safety of the passengers as well as the aircraft in flight”
One now hopes Indian carriers will take stringent action against perpetrators rather than practising an act of blanket denial. (Today, service of alcohol is prohibited on domestic flights due to past instances of passenger misbehaviour.)
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Hooray!!! DGCA introduces new rules to punish unruly, abusive and drunk passengers

A special hooray for Indian civil aviation regulator the Directorate General of Civil Aviation who has notified and incorporated two new rules in to the Indian Aircraft Rules, 1937 meant to control unruly, drunk and abusive passengers on board domestic flights and all international flights destined for India.

Vide GSR 766(E) rules 22 and 23 have been added in to part 3 of the Aircraft Rules.
Rule 22.
Assault and other acts of interference against a crew member

No person shall, on board an aircraft : ─
  1. assault, intimidate or threaten, whether physically or verbally, a crew member which may interfere with the performance of the duties of the crew member or lessens the ability of the crew member to perform those duties;
  2. refuse to follow a lawful instruction given by the Pilot-in-Command, or on behalf of the Pilot-in-Command by a crew member, for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose of maintaining good order and discipline on board.
Rule 23.
Assault and other acts endangering safety or jeopardizing good order and discipline.

(1) No person shall, on board an aircraft :
  1. assault, intimidate or threaten, whether physically or verbally, any person,
  2. intentionally cause damage to or destroy any of property,
  3. consume alcoholic beverages or drugs,
which is likely to endanger the safety of the aircraft or of any person or jeopardizes the good order and discipline on board the aircraft.

(2) For the purposes of rules 22 and 23, the jurisdiction of India shall, in addition to the applicability provided in rule 1 of these rules, also extend to any offence if the act constituting the offence took place on board any aircraft in flight outside India:

Provided that ─
  1. the next landing of the aircraft is in India; and
  2. the Pilot-in-Command has delivered the suspected offender to the competent authorities of India, with the request that the authorities prosecute the suspected offender and with the affirmation that no similar request has been or shall be made by the Pilot-in-Command or the operator to any other State.
As observed by Bangalore Aviation reader Nitin Nair, a patent analyst in a legal firm,
Before the above mentioned rules were introduced, unruly passengers were booked under the Indian Penal Code (IPC), but were released on bail almost immediately. The airlines generally did not pursue further action against the passenger, resulting in the perpetrator going scot free.

This is a welcome addition to the Aircraft Rules, 1937 as the authorities have been provided teeth to take care of unruly behaviour on-board aircraft.
Through the early months of 2009 a spate of incidents involving unruly passengers running amok, were experienced on both domestic and international flights to India. Bangalore Aviation has consistently advocated the need for strong laws that bring perpetrators to bear the consequences of their misdeeds.

Finally cabin crews have been empowered and required to initiate action. In case you find a fellow passenger misbehaving, you know now the two rules under which they can be penalised. Let us look forward to some peaceful skies.
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Time for zero tolerance on "air rage", drunk, and lewd passengers in the Indian skies

The recent "hijack" incident involving Indigo airlines flight 6E344 from Goa to New Delhi, has created the furore all over India, and even on to the international stage.

I am glad, Jitendra Kumar Mohala, a 42-year-old chartered accountant, and son of a retired air commodore of the Indian Air Force, has been booked under sections 336 (endangering life and personal safety of others) and 506 (criminal intimidation) of the Indian Penal Code, as well as Suppression of Unlawful Act Against Safety Of Civil Aviation Act, 1982, which is non-bailable. Now let us hope the authorities throw the book at him.

In the last 15 days alone, there have been three other reported instances of passengers creating trouble on board an aircraft.
  • January 14th. An Air India passenger, Valli Panikker (42) got so drunk on the flight that he started abusing and misbehaving with fellow passengers, and hit two cabin crew members on board a New York-Mumbai flight. He was handed over to Mumbai police after the plane landed. Penalty ? Rs. 1,200 fine. News report here.

  • January 30th. A 72-year-old man, on a Chennai-Delhi flight, was completely drunk and started groping some women and tried to 'feel up' some of the stewardesses. Penalty ? He was de-planed. As per a police official at Chennai "As he was an aged man, the crew decided to not file a complaint against the man. We warned him not to repeat such activities and let him leave after some time." News report here.

  • January 30th. A passenger, Prashant Imene, on board a Jet Airways London-Mumbai flight, molested a woman co-passenger, assaulted the cabin crew and hurled cuss words at them, threatened to throw his passport out of the window (I wonder how, at 30,000ft), tore his boarding pass, threw water on a flight attendant's face and hit an elderly passenger with a spoon. He was not drunk. Penalty ? The police booked him for outraging the modesty of a woman, threatening and assaulting. He was produced in court on January 31st. Sentence unknown. News report here.

  • February 1st. Jitendra Kumar Mohala, 42, passenger on board Indigo 6E 344 misbehaved with an stewardess over some issue and threatened her, saying that he was armed. He said he had two accomplices on the board and they would hijack the plane. He also said that he was official of the Director General of Civil Aviation (DGCA) and will inspect the plane. Penalty ? Let us see what develops.
Outside this 15 day window,
  • July 12, 2008, a drunk Kuwaiti national, Bilal Ahmed, 40, forced a Doha to Bangkok Qatar Airways flight. to make an emergency landing in Mumbai. Sources said his hands and feet had to be tied together to bring him under control. The Mumbai police meekly returned Bilal Ahmed to Doha on the very next Qatar Airways flight, instead of meting out any punishment.
Airlines, including those in India, hire attractive young ladies as customer service and cabin crew to inject glamour in to an otherwise tiresome travel experience. The Singapore Airlines' "Singapore Girl" is renowned globally. Virgin Airlines is considered "Still Red Hot" with its glamorous red uniformed female cabin crew, a theme followed by Kingfisher airlines in India. The crews of Jet, Indigo, SpiceJet, and some in Air India, are no less, in the glamour quotient.

Indian air crews, particularly, females, have to put up with troublesome passengers some who are over-aggressive, often hostile, many times drunk and lecherous, believing that the stewardess is their personal property to grope, fondle and abuse.

In the land where 'Devi', the female goddess, is worshipped, this lack of respect for women in the air, is utterly disgusting.

It is not just passengers, just yesterday (February 3rd), in a most shocking incident, an Andhra Pradesh Home Guard attached to the Rajiv Gandhi International Airport, B Vinod Reddy, was arrested for eve-teasing some girl students and then beating up their male classmate when he attempted to intervene and get Reddy to stop. Reddy was finally arrested and charged under sections 323 (Voluntarily causing hurt) and 509 (Insult the modesty of a woman) of the Indian Penal Code, after the students went on a protest at the airport.

Despite India having the laws under the Indian Penal Code, and being a signatory to all United Nations' conventions and treaties covering civil aviation, recent incident indicate a pattern of not levying punishment.

Compare the minor penalties in India, to the penalties in the United Kingdom which mandates a penalty of £5,000 or 2 years’ imprisonment. In the United States, criminal penalties are a fine of up to US$ 11,000 or 20 years imprisonment, civil penalties aside.

India has to enforce its laws, and severely punish offenders, only then, will passengers learn to control their mouths, their hands, and their behaviour.

What also surprises me is the lack of complaints from the airlines or the crews. I refuse to accept that a stewardess is not disgusted to the point of making a complaint, after being groped, abused, or 'felt-up'. An airline looses a lot of money by making emergency landings, and looses the goodwill of passengers who have to put up with a horrible experience.

It is time for all of us to stand firm with a "zero tolerance" policy against these maniac passengers, and also empower the crew by supporting their complaints. Otherwise, we risk the typical knee-jerk reaction, one can expect from the government -- to ban serving of alcohol on board any flight, which will only inconvenience 99.9% of passengers instead of punishing the offending 0.1%, and still leave cases like Prashant Imene (who was not drunk) and Jitendra Kumar Mohala (who drank before the flight) un-addressed.
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