CA given life term for creating hijack scare in 2009
Mohla, recently convicted under Section 3(1)(d) of the Suppression of Unlawful Acts against the Safety of Civil Aviation, was sent to jail for life by district judge I S Mehta, who said punishment under the law was aimed at curbing offences on board.
"The Suppression of Unlawful Acts Against Safety of Civil Aviation Act 1982 was passed by Parliament of India to give effect to the Montreal Convention and teeth to curb offences on board," the court said while also imposing a fine of Rs 7,000 on Mohla.
Son of a retired Indian Air Force commodore, 45-year-old Mohla had sparked panic among the crew on February 1, 2009 by claiming he was one of the accused in the hijacking of an Indian Airlines plane in 1999, and was carrying needles with which he would "infect" others if they resisted him.
During the arguments on quantum of sentence, Mohla pleaded that a lenient view should be taken as he was the sole earning member of his family. He also said that there was nobody to take care of his mother, a cancer patient, and father, who has a heart ailment.
Rejecting Mohla's plea, the court explained that the special Act under which he was convicted only provided for life imprisonment as punishment. "The plain language of the Section shows that the convict is to be awarded life imprisonment and is also liable to a fine," the court said while referring to various Supreme Court judgments.
It further observed that the purpose of interpreting a statute was to ascertain the intention of Parliament and this Act was clear in its intentions. "One of the well recognized canons of construction is that the legislature speaks its mind by use of correct expression and unless there is any ambiguity in the language of the provision the court should adopt literal construction if it does not lead to an absurdity," the judge added.
The court, which had also convicted Mohla under sections 336 (endangering life or personal safety of others), 506 (criminal intimidation) and 170 (impersonating a public servant) of IPC, awarded him varying jail terms which were set off against the period spent by him behind bars since his arrest on February 2, 2009.
Mohla's behaviour had forced the pilot of the Indigo flight to send a hijack alert, leading to panic at the Indira Gandhi International (IGI) Airport. The plane made an emergency landing and was kept in isolation for two-and-a-half hours.
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