Bombay High Court refuses to quash criminal complaint against maskless pilot

Bombay High Court

The Bombay High Court refused to stop criminal proceedings on an Air India pilot who did not wear mask and whose saliva droplets allegedly flew in the face of a Directorate General of Civil Aviation inspector when he was arguing with him over sanitisation measures of simulators.

Captain Rajneesh Sharma's plea to quash the FIR filed by the airport police station on July 3, 2020 was dismissed by a bench of 2 judges. He was booked under IPC sections including 269 (negligent act likely to spread infection of disease dangerous to life), as per Times of India.

The FIR states that Captain Sharma was aggressive and abusive towards Captain Charanveer Singh Randhawa as he questioned him about the sanitisation measures of the AI simulators.

"It also alleged that the petitioner was not wearing a mask and by shouting at respondent (Randhawa), droplets of spit from the mouth of the petitioner fell on the face of respondent," the HC verdict of January 18 noted.

The judges said that a written police complaint was filed in June 3; the pilot was suspended the same day. Also, the manner in which Randhawa and two witnesses "described the falling of the droplets of spit from the mouth of the petitioner on the face of the respondent (Randhawa), it cannot be said that even prima facie no case can be said to be made out under section 269 of IPC" which is clearly a cognizable offence.