New Delhi, Dec 18 (UNI) The Supreme Court on Wednesday reserved its verdict on a petition filed by the Jharkhand government, challenging the Jharkhand High Court’s Order to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the controversial 2022 Deoghar Airport case.
The FIR, registered in September 2022, alleged that the MPs and their associates had pressured and coerced Air Traffic Control (ATC) officials to permit the take-off of a private aircraft in violation of safety norms.
The FIR invoked Sections 336 (endangering life or personal safety), 447 (criminal trespass), and 448 (house trespass) of the Indian Penal Code (IPC), along with Sections 10 and 11A of the Aircraft Act, 1934.
The Jharkhand High Court quashed the FIR, citing the absence of mandatory approval or sanction under the Aircraft Act. It further noted that IPC provisions could not be applied when the Aircraft Act already prescribed specific penalties for such violations.
A bench comprising Justice Abhay Oka and Justice Manmohan observed that the evidence collected in the case should not go unused. The court indicated it might modify the High Court’s order, suggesting that the material gathered during the investigation could be forwarded to the Director General of Civil Aviation (DGCA).
The DGCA would then have the discretion to decide if a formal complaint under the Aircraft Act is warranted, the Court said.
The case has drawn attention to its implications on the enforcement of aviation laws and the jurisdiction of special legislations like the Aircraft Act over general IPC provisions.
