Lawstreet Journal

Karnataka High Court quashes criminal complaint Against Air India Executives over Mangalore flight crash [READ ORDER]

Lawstreet Journal 12 Mar 2021 9:13pm

Image courtesy: Lawstreet Journal Judiciary Karnataka High Court quashes criminal complaint Against Air India Executives over Mangalore flight crash [READ ORDER]

The Karnataka High Court in a recent order quashed the private complaint and the cognizance taken on it by a trial court at Managluru in 2013, against the Airports Authority of India (AAI), the Air India Ltd. (AI) and its executives in regards to the Air India Express 812 plane crash incident that took place outside Mangaluru airport in 2010 as a consequence of which 158 persons on board were killed.

A single bench presided by 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 challenged the cognisance taken by the magistrate court merely on the basis of "deemed sanction" for their prosecution. The High Courthas held that a magistrate court in Mangaluru which initiated the proceedings against the officials did not follow due process of law and overlooked the court of inquiry’s report on the accident.

The court while quashing the complaint observed the following "Trial court has failed to consider the closure of the earlier chargesheet on the reason that the pilots who have been arraigned as accused have expired in the air crash and also the report of Court of Inquiry."

The complaints said the accident was the direct consequence of gross and willful negligence on the part of Air India, AAI and the DGCA. The airline and AAI filed criminal petitions in the Karnataka High Court challenging the magistrate’s order.

The trial court based its decision on the case of the Supreme Court… Continue Reading...

Tagged: Air India   Karnataka high court  
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