Air India pilot forgery case: Delhi HC asks authorities to explain offences
Appearing for Kathpalia, his counsel told the court that in accordance with Ashoo Surendranath Tewari vs. Deputy Superintendent of Police, EOW [Economic Offences Wing], CBI [Central Bureau of Investigation] and Anr (2020), once his client (Kathpalia) has been exonerated in the departmental proceedings, no criminal case could be fastened against him.
The Delhi high court last month asked the authorities to explain charges of the “offences of forgery” made out against Air India pilot Arvind Kathpalia, who had skipped the breath analyser test in 2017 during the Delhi-Bengaluru flight operation following which he was suspended.
Justice Yogesh Khanna passed the order while hearing a plea by Kathpalia seeking to quash a forgery first information report (FIR) against him contending that once he has been given a clean chit in the departmental proceedings, he cannot be tried for forgery separately.
On January 19, 2017, Kathpalia flew a Delhi-Bengaluru flight without going through the mandatory breathalyser test. Following this, an FIR was lodged against him in August after the pilots’ union alleged the episode of Kathpalia missing his test involved forgery, intimidation of a doctor, and violations of rules.
Also Read: Varanasi-Bengaluru IndiGo flight makes emergency landing in Hyderabad
The high court in 2017 also directed both the Directorate General of Civil Aviation (DGCA) and Air India to examine the interpretation and functioning of CAR to ensure that there is no possibility, in the future, of anyone circumventing the mandatory requirement of the pre-flight breath analyzer examination, with impunity.
Following this order, a departmental enquiry was conducted against Kathpalia, which fully exonerated him for the offence of forgery.
It was the petitioner’s case that despite the clean chit in the departmental proceedings, the police filed a charge sheet against various sections of the Aircraft Act.
Appearing for Kathpalia, his counsel told the court that in accordance with Ashoo Surendranath Tewari vs. Deputy Superintendent of Police, EOW [Economic Offences Wing], CBI [Central Bureau of Investigation] and Anr (2020), once his client (Kathpalia) has been exonerated in the departmental proceedings, no criminal case could be fastened against him.
The senior counsel also added that there was no iota of evidence against Kathpalia of committing any forgery.
The court, after hearing the arguments, noted that the investigation has revealed that Kathpalia committed an offence u/s 465/466/468/471 IPC & 11 Aircraft Act, 1934 for his actions for not taking the ‘BA Test’ before operating the flight AI-174 Delhi to Bangalore and by interpolating his name, signature and other details in pre-flight breath analyser register of the crew who had taken the pre-flight breathalyzer test.
The judge also noted that a charge sheet against Kathpalia (name and address mentioned in column no 11) has been prepared and the same is being sent for trial.
Taking this into account the court directed, “…..let a status report be filed by the State how the offence of forgery is made out, prior to the next date with an advance copy to the counsel for the petitioner.”
Also Read: Controversial Air India pilot gets, then loses new posting
The court has set the next hearing on May 19.
Kathpalia joined Air India in 1987 as a trainee pilot. Besides working as the airline’s executive director and director of operations, he has handled the lucrative post of flight operations inspector for the DGCA and acted as the flight safety chief for Air India.
On November 11 last year, Kathpalia tested positive for alcohol in two breath analyser (BA) tests before he was to fly Air India’s New Delhi-London flight. The next day, DGCA suspended his flying licence for three years, and on November 13, the Ministry of Civil Aviation issued an order to remove him from the position of Director of Operations. However, a week later, Air India posted him as Executive Director.