New Delhi, Jan 21 (UNI) The Supreme Court on Tuesday dismissed the appeals filed by the State of Jharkhand challenging Jharkhand High Court’s decision to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in connection with the 2022 Deoghar Airport incident.
The Court, however, granted liberty to the State to forward the evidence collected during the investigation to the authorised officer under the Aircraft Act, 1934, within four weeks. Per the law, the officer has been directed to decide whether a complaint needs to be filed under the Act.
A bench comprising Justice Abhay S. Oka and Justice Manmohan, which had reserved its judgment on December 18, 2024, delivered the verdict today. Justice Manmohan read the operative portion.
The FIR, registered in September 2022, alleged that the respondents coerced and threatened Air Traffic Control (ATC) officials to authorize the take-off of a private aircraft, potentially violating safety protocols. Charges under the Indian Penal Code (IPC) included Section 336 (endangering life or personal safety), Section 447 (criminal trespass), and Section 448 (house trespass), alongside Sections 10 and 11A of the Aircraft Act, 1934.
Jharkhand High Court had quashed the FIR, stating it lacked the requisite complaint or sanction under the Aircraft Act.
The court ruled that the provisions of the Aircraft Act take precedence over the IPC in such cases.
During the proceedings, the state argued that prior sanction was unnecessary for investigation under Sections 10 and 11A of the Aircraft Act.
However, the Supreme Court observed that offences under the Act could only be acted upon after filing a formal complaint.
The bench granted Jharkhand the liberty to submit evidence under the Aircraft Act.
Justice Oka also raised concerns about the applicability of IPC provisions like Sections 336 and 447, questioning the evidence for endangerment of life or criminal trespass.
While upholding the High Court’s decision to quash the FIR, the Supreme Court allowed the materials gathered during the investigation to be submitted to the Director General of Civil Aviation (DGCA). This ensures that the DGCA can evaluate whether a formal complaint under the Aircraft Act is warranted.
Justice Oka clarified that the Supreme Court would not interfere with the High Court’s quashing of the FIR but affirmed the State’s right to submit its findings for further action under the Aircraft Act.
