The Supreme Court has acknowledged the petition filed by the State of Jharkhand, challenging the decision of the Jharkhand High Court to dismiss the First Information Report (FIR) against Bharatiya Janata Party (BJP) Members of Parliament (MPs) Nishikant Dubey, Manoj Tiwari, and others in the Deoghar Airport case. The FIR was lodged against them for allegedly pressuring and threatening the Air Traffic Control (ATC) to permit the take-off of a private aircraft, violating security regulations at Deoghar Airport in September 2022.
A bench consisting of Justices Abhay S. Oka and Sanjay Karol has issued a notice to Dubey, Tiwari, and the other accused, in response to the state's appeal. The High Court had ruled that offences under the Indian Penal Code (IPC) were not applicable in this case since there is a special act, the Aircraft Act, 1934, which governs the matter. Additionally, the High Court stated that the FIR was not maintainable as a complaint should have been filed with the Directorate General of Civil Aviation (DGCA) under Section 12B of the Aircraft Act.
The State of Jharkhand argued that offences under the IPC are distinct and separate from those under the Aircraft Act. They contended that the Aircraft Act should not take precedence over the IPC when safety and security regulations were violated, putting the lives and safety of the airport at risk. The state also raised concerns about the High Court conducting a mini-trial under Article 226 and the potential misuse of the accused MPs' positions in public office.
The case revolves around allegations that Dubey, Tiwari, and others forcefully entered the ATC and exerted pressure on personnel to grant permission for takeoff. It was further claimed that Deoghar Airport was not equipped for night takeoffs. The FIR against them was filed under various sections of the IPC and the Aircraft Act.
The Jharkhand High Court held that the flight had taken off with ATC clearance, and therefore, the petitioner could not be prosecuted. The court noted that according to the Aircraft Act, cognizance of the offence can only be taken through a complaint to the DGCA, rendering the FIR not maintainable. The High Court emphasized that when a special law exists with provisions for punishment, the IPC sections are not applicable.
Furthermore, the High Court observed that the FIR had been filed maliciously, and allowing the proceedings to continue would amount to an abuse of the legal process.
Source: Link
Picture Source :
