Ravindra Gaikwad row: Shiv Sena MP unlikely to be arrested any time soon. Here's why
Delhi Police's Crime Branch is probing the matter of Gaikwad assaulting an Air India staffer. It has yet to record witness statements.
Shiv Sena Member of Parliament Ravindra Gaikwad, embroiled in a raging controversy over beating up an Air India staffer, is unlikely to be arrested any time soon.
Gaikwad is named in a First Information Report filed by Air India following the Thursday incident in which the MP beat up a AI employee with his slippers.
Gaikwad, who got into an argument with airline officials over being denied a business class seat, has not only refused to apologise, but has even boasted about slapping Sukumar Raman, the employee, "25 times".
Following the incident, Air India and other prominent airlines, including Jet Airways, IndiGo and SpiceJet, barred him from flying with them.
Meanwhile, Delhi Police, with whom Air India filed its FIR, transferred the case over to the Crime Branch. However, even though arrested an accused is the prerogative of the Investigating Officer (IO), Gaikwad is unlikely to see the inside of a jail any time soon.
- 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.
- 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.
- 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).
- 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.
- 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.
- However, the Crime Branch is expected to summon him. Sources tell India Today that he will be summoned within a day of the IO going through the case details.
ALSO READ | After Air India, IndiGo cancels Shiv Sena MP Ravindra Gaikwad's ticket
WATCH | SlipperSena Row: Should Shiv Sena MP Ravindra Gaikwad be put behind bars?