'Why is CID, not DGCA probing BJP MPs?': Supreme Court asks Jharkhand on airport violations

New Delhi: The Supreme Court on Wednesday questioned why the Jharkhand CID was probing two BJP MPs when it was the DGCA's responsibility to look into the allegations that they had forced the air traffic control to allow their aircraft to take off after sunset.

The court told lawyer Jayant Mohan, representing the state government, that the case was triable under the Aircraft Act which gives the sole responsibility related to aviation offences to the Directorate General of Civil Aviation.

The case relates to an FIR lodged at Kunda police station in Deoghar district of Jharkhand against nine people, including BJP MPs, Nishikant Dubey and Manoj Tiwari.

They had allegedly forced ATC personnel at Deoghar airport to clear their chartered flight to take off after the scheduled permitted time on August 31, 2022 in violation of security protocol at airports.

"How can cognisance be taken under the Aircraft Act… How can the CID probe an offence under Aircraft Act,” asked Justice A S Oka, who sat on the bench along with Justice Manmohan.

They were hearing a petition by the Jharkhand government challenging a March 13, 2023 High Court ruling which had quashed the FIR on the ground that no prior sanction was taken from the Lok Sabha Secretariat as per the Aircraft (Amendment) Act, 2020. Under the law, any FIR against an MP must be approved by the secretariat.

The bench, however, reserved it judgement on the petition against the high court ruling, instead focussing on the jurisdiction of the CID The Supreme Court, however, did ask the state to produce judgements to support its contention that investigation could go on without the prior sanction.

During the High Court proceedings, Dubey's counsel had contended that their chartered flight on August 31, 2023 was delayed, but as per aviation rules could take off half-an-hour after sunset.

On that day the sun set at around 6.03 pm whereas the flight took off at 6.17 pm -- well within the accepted norms of flying, he said, and argued the MPs were targeted due to political vendetta and maliciously framed in a false case.