In a big relief for BJP leaders Manoj Tiwari and Nishikant Dubey, the Supreme Court has dismissed the Jharkhand government’s plea challenging the High Court’s decision to quash an FIR against them. The court ruled that state police have no role in lodging complaints for violations related to airports.
The apex court held that the Aircraft Act was “a complete code” to deal with the safety and security of civil aviation and aerodromes whereas the state police could only forward probe material to the authorised officer to decide on complaining.
The significant verdict came from a bench comprising Justices A S Oka and Manmohan on an appeal of the Jharkhand government. The state government had challenged the Jharkhand High Court judgement which quashed the FIR against BJP MPs Nishikant Dubey and Manoj Tiwari and others.
The judgement, authored by Justice Manmohan, and made available on Wednesday said, “The Aircraft Act, 1934 as well as the rules framed thereunder…is a complete Code which deals with safety and security of civil aviation and aerodrome.” It added, “The Aircraft Act also prescribes a special procedure for taking cognisance of any offence punishable under the Aircraft Act, 1934, i.e., the complaint must be made by or with the prior sanction of the Aviation authorities. Section 12B is in the nature of a pre-condition for taking cognizance by a court.”
What is the case?
The top court, on December 18 last year, reserved its verdict on the appeal of the state government against the Jharkhand High Court judgement. The case stems from an FIR lodged at Kunda police station in Deoghar district of Jharkhand against nine people, including Dubey and Tiwari. In the FIR, it was alleged that Deoghar ATC personnel were forced to clear their chartered flight to take off after the scheduled permitted time on August 31, 2022. The FIR added that it was in violation of security protocol at airports.
Reportedly, the flight departed at 6:17 PM, 14 minutes after sunset. on March 13, 2023, the High Court quashed the FIR on the grounds that no prior sanction was taken from the Lok Sabha secretariat as per the Aircraft (Amendment) Act, 2020. Against the HC order, the state government moved to the apex court which also dismissed the petition.
(With PTI Inputs)
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