High Court quashes private plaint against AI, AAI over 2010 Mangaluru air crash

News Network
March 7, 2021

Bengaluru, Mar 7: The Karnataka High Court has quashed a private complaint and cognisance of offences taken by a trial court in 2013 against the Airports Authority of India (AAI), the Air India Ltd. (AI) and its executives on the Air India Express 812 plane crash incident outside Mangaluru airport on May 22, 2010, in which 158 persons on board were killed.

The judicial magistrate first class, on February 19, 2013, had taken cognisance for offences like culpable homicide not amounting to murder, causing death by negligence under Indian Penal Code against AAI, AI and their executives based on the private complaint lodged on March 6, 2012, by Mangaluru-based 812 Foundation.

Justice Ashok G. Nijagannavar passed the order while allowing the petitions filed in 2013 by AAI and its executive Ansbert D’Souza, and AI and its executive Peter Abraham, who had questioned the legality cognisance taken by the magistrate court merely on the basis of “deemed sanction” for their prosecution.

The High Court has held that trial court had failed to consider that the charge sheet, filed by the jurisdictional police on the air crash incident, was closed by the trial court on February 13, 2012, as the two pilots of the aircraft, who were the only two named as accused, had also died in the crash.

Besides, the magistrate did not consider the report of the Court of Inquiry, conducted as per the law into the air crash, which had specifically pointed out that the crash occurred due to failure of the pilot, the High Court said, while pointing out the trial court, before taking cognisance of offence against the petitioners, had also failed to take into consider that petitioners were not named either in the charge sheet or in the report of the Court of Inquiry.

The High Court said the magistrate was not correct in holding that there exist “deemed sanction” for their prosecution as authorities did not decide complainant’s plea for grant of sanction within a specific period. The High Court said there is no concept of “deemed sanction” in law as the period of three to four months suggested by the apex court under Prevention of Corruption and such a suggestion has not been translated into a law by the Central government.
 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
April 13,2021

Mangaluru, Apr 13: The coastal district of Dakshina Kannada witnessed heavy rains accompanied by a gusty wind that uprooted many trees and led to the falling of electricity poles in many places last night.

The power supply was disrupted in many parts of the district after many electricity poles were uprooted. 

Local residents assisted Mescom personnel in carrying out repair works and succeeded in restoring the power supply in a few areas by midnight. Six electricity poles came crashing down when a huge tree fell on them on Elyar-Newpadpu road.

The electricity poles were uprooted after a tree fell on them at Innoli. A few houses were damaged in Shambur, Madiwalapadpu and Mithakatta in Bantwal taluk after a tree fell on them.

Houses were partially damaged in Ullas Nagara, Malar, Tippu Nagara, Akshara Nagara and Arastana in Pavoor.

The asbestos sheets of rangamandira, toilets, and library of a school at Panelabarike in Pajeer were blown away by the gusty wind.

A mother and her daughter suffered injuries after lightning struck the house at Kavalapadoor in Bantwal taluk. The injured were identified as Geetha (29) and her daughter Rashmitha (10). Both were admitted to a hospital in Bantwal. 

Rain damages were also reported at Sajipamunnur, Shambur, Balthila, Kavalapadoor, Narikombu, Sajipanadu, Pudu, Badagabellur, Kodman and Naringan.

Losses due to the downpour are estimated to be Rs 15 lakh. Eighteen houses and a cowshed in Bantwal taluk were damaged. Horticultural crops too were damaged at four places.

A pump house was damaged after a tree crashed on it at Kempimajalu in Uppinangady. A portion of a house owned by Meenugadde Babu Naik was damaged after a huge tree fell on it at Kuchooru. As heavy rain is expected till April 14, a Yellow alert was sounded in coastal districts.

According to Karnataka State Natural Disaster Monitoring Centre (KSNMDC), 80 mm of rainfall was recorded in 24 hours between 8.30 am on April 11 to 8.30 am on April 12 in Mangaluru. KSNMDC’s forecast was light to moderate rain with isolated heavy rainfall likely over Malnad and coastal districts.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
April 13,2021

Mangaluru, Apr 13: An Air India flight from Dubai to Mangaluru was diverted and landed at the Cochin International Airport due to bad weather conditions in the coastal Karnataka, Director of Cochin International Airport Limited (CIAL), ACK Nair confirmed on Tuesday. 

The flight with 118 passengers was expected to touch down at Mangaluru International Airport, at 12.30 am on Tuesday April 13. As the climate at Mangaluru was not conducive for its landing, the flight changed its path and landed at Kochi.

The incident follows a day after Kozhikode-bound Air India Express (AIE) flight from Riyadh was diverted and landed at the International Airport here in the wee hours of Sunday after the pilot detected a fault in one of its tyres mid-air, sources said here. Incidentally, the faulty tyre of the AIE IX1322, carrying 180 passengers, burst after its safe landing at the Kochi airport, they said.

The pilot decided to divert the aircraft to Kochi airport, after a tyre issue was noticed, sources said. The decision to land at Kochi airport was taken considering the safety aspect, they said.

While the Kochi international airport is the biggest one in the state, the international airport at Kozhikode is a tabletop one, which has limited space at the ends of the runway. The decision of the pilot to divert the flight to Kochi proved right as its faulty tyre burst immediately after the passengers were safely deboarded following its landing at the airport at 3.16 AM, sources said.

The Air India Express arranged another aircraft in the morning for facilitating the journey of the deboarded passengers to Kozhikode, they said. A Kuwait-bound Air India Express flight had made an emergency landing at the Kozhikode airport last Friday after a fire warning in the cargo compartment.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
March 31,2021

Mangaluru, Mar 31: A case of subjecting a two-month-old baby to RT-PCR test at Mangaluru International Airport against the rules has sparked social media outrage.

As the video clip of the incident went viral on social media, Health Department officials took to task the authorities of the private lab at the airport, which had collected the swab of the new born.

Covid-19 Nodal Officer Dr Ashok said on Wednesday that children below two years should not be made to undergo tests for Covid-19. 

“When I received information, I immediately contacted airport authorities and sought clarification. They have done it without the knowledge of regulations. I have instructed them not to make children below two years undergo any tests for Covid-19,” he added.

The baby had arrived at Mangalore International Airport from Abu Dhabi.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.