No courts to try cases under Civil Aviation Act, Mohla might walk free

New Delhi: If booking booking Jitender Mohla under the Civil Aviation Act was an ‘unusual’ move, the Delhi Police now faces another difficulty in keeping him under detention after February 16.
In the current scenario, there are no specific courts in the Capital designated for trying cases under the provisions of the aforesaid Act. Mohla, in custody since February 1 for allegedly triggering a ‘hijack’ scare on board an Indigo Airlines flight, might walk free after 15 days of detention if the Delhi government fails to create one till then.
Senior advocate H S Phoolka, counsel for Mohla, told Newsline: “Mohla’s case is currently before the court of an additional chief metropolitan magistrate. As per the provisions in the Suppression of Unlawful acts against Safety of Civil Aviation, only a judge designated with the authority to adjudicate such cases can try an accused and the current judge clearly does not hold the necessary powers.”
High Court officers, in the meanwhile, said on the condition of anonymity that the issue was already being looked into and a judge might be designated for such cases soon. Referring to Section 5C of the Act, the Mohla’s counsel said a magistrate could not keep an accused in custody for more than 15 days. Within that period, the accused was to be produced before the designated court so that he could be tried under legal provisions.
“If the court is not notified by the High Court about the government’s recommendation, Mohla will be a free man on February 16, as further incarceration would not be legal,” said Phoolka.
09/02/09 Utkarsh Anand/Express India

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Categories: Airports Feb 2009, Indigo Airlines Feb 2009, Safety Feb 2009