New Delhi: The Shive Sena Member of Parliament Ravidra Gaikwad is not goin to jail anytime soon, following the raging controversy over beating an Air India staffer.
Gaikwad is named in a First Information Report filed by Air India after the Thursday incident in which the MP beat up a AI employee with his slippers.
Gaikawad, got into the argument with the airline officials over being denied a business class seat, has not only refused to appologise but has even boasted about slapping Sukumar Raaman, the employee, "25 times".
Following the incident, Air India and other prominent airlines, including the Jet Airways, IndiGo and SpiceJet, barred him from flying with them.
Meanwhile, Delhi Police, with whome Air India filed an FIR, transferred the case over to the Crime Branch. However, even though arrested an accused is the provocative of the Investigating Officer (IO), Gaikwad is likey to see the inside of a jail any time soon.
HERE IS WHY
1. The Crime Branch has yet to record the statements of the eyewitnesses as well as that of Sukumar. Officials have written to Air India asking the airline to provide details of those who witnessed
Thursday's incident. Sukumar's family has said they haven't yet been approached by the cops.
2. When the Crime Branch does decide to question the MP, it can only do so after informing the Lok Sabha secretariat. This cannot happen until the next working day, which is Monday.
3. The FIR has been registered under the Indian Penal Code sections 308 (attempt to commit culpable homicide, not amounting to murder) and 355 (assault or criminal force with intent to dishonour person, otherwise than on grave provocation).
4. Under these section, Gaikwad, if convicted, faces a maximum punishment of three years in jail. Section 308 is punishable is up to three years if imprisonment while section 355 is punishable by a jail term of not more than two years.
5. In Arnesh Kumar v State of Bihar, the Supreme Court had ruled that an accused cannot be arrested in cases where the offence is punishable by imprisonment that is of a term less than three years. This is likely to work in the Shiv Sena MP's favour.
6. However, the Crime Branch is expected to summon him. He will be summoned within a day of the IO going through the case details, according to a source.