The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court on Tuesday dismissed a plea by the Jharkhand government against the High Court's order which quashed an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari in the 2022 Deoghar airport case.
A bench of Justices Abhay S Oka and Manmohan, however, directed the concerned officer to take a decision in accordance with law, as to whether a complaint needs to be filed under the Aircraft Act.
The court had reserved the judgment on December 18, 2024. Justice Manmohan pronounced the verdict on Tuesday, reading out the operative portion in the court.
The bench, however, granted liberty to the Jharkhand government to forward the materials collected by it during the probe, to the authorised officer under the Aircraft Act, 1934 within four weeks.
In a relief to the BJP leaders, the High Court had quashed the FIR saying that it lacked the necessary complaint or sanction under the Aircraft Act.
It had said that the Aircraft Act took precedence, preventing the invocation of IPC provisions. The state government approached the apex court, questioning the validity of the HC's order.
In September 2022, the FIR was filed accusing the respondents’ of threatening and coercing Air Traffic Control (ATC) officials to authorise the take-off of a private aircraft, allegedly violating safety regulations.
In the case registered at the Kunda police station in Deoghar district, it was alleged that nine individuals, including BJP MPs Nishikant Dubey and Manoj Tiwari, forcibly pressured the Air Traffic Control (ATC) staff to approve their flight’s takeoff beyond the permissible time.