The Supreme Court on Tuesday upheld the Jharkhand High Court order to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari and others in connection with the 2022 Deoghar Airport incident.
The Bench of Justice Abhay S Oka and Justice Manmohan passed thee order while dismissing a petition filed by the State of Jharkhand against the High Court order.
The Apex Court, however, granted liberty to the State of Jharkhand to forward the materials collected by them during investigation to an authorised officer under the Aircraft Act, 1934 within four weeks.
It further ordered that the officer to take a decision in accordance with law as to whether a complaint needed to be filed under the Aircraft Act.
, which reserved the judgment on December 18, 2024, pronounced the verdict today. Justice Manmohan read out the operative portion.
Allegations
The FIR, filed in September 2022, accused the respondents of threatening and coercing Air Traffic Control (ATC) officials to authorize the take-off of a private aircraft, allegedly violating safety regulations. The FIR invoked sections of the Indian Penal Code (IPC), including Section 336 (endangering life or personal safety), Section 447 (criminal trespass), and Section 448 (house trespass), as well as Sections 10 and 11A of the Aircraft Act, 1934.
High Court’s Decision
The Jharkhand High Court quashed the FIR on the basis that it lacked the necessary complaint or sanction under the Aircraft Act. The High Court held that the Aircraft Act took precedence, preventing the invocation of IPC provisions.
Proceedings before Supreme Court
The state argued that prior sanction was not required for the investigation under Sections 10 and 11A of the Aircraft Act. The court noted that cognizance of offenses under the Aircraft Act could only be taken upon filing a complaint.
Justice Oka questioned the applicability of certain IPC provisions in this case, particularly Section 336 and Section 447, citing the lack of clear evidence that lives were endangered or that criminal trespass occurred.
The Supreme Court indicated a potential modification to the High Court’s decision, allowing the materials gathered during the investigation to be submitted to the Director General of Civil Aviation (DGCA). This would enable the DGCA to assess whether a complaint under the Aircraft Act could be filed.
Justice Oka clarified that while the Supreme Court would not interfere with the High Court’s decision to quash the FIR under the Aircraft Act, it would permit the DGCA to use the collected evidence to determine the possibility of filing a complaint.