Ranchi, Jan 21 The Supreme Court on Tuesday dismissed the Jharkhand government's appeal challenging the quashing of an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari in a case involving alleged security rule violations at Deoghar Airport.
The FIR, lodged in relation to a private flight on August 31, 2022, accused the MPs of putting pressure on the officials to allow the aircraft to fly in the evening, allegedly breaching security protocols. The complaint was filed by DSP Suman Aman, responsible for security at the airport, at the Kunda police station in Deoghar district.
In response, Nishikant Dubey and others moved the Jharkhand High Court, which, on March 13, 2023, quashed the FIR against nine individuals, including Dubey, Manoj Tiwari, and Kapil Mishra. The High Court ruled that the investigation lacked prior approval required under the Aircraft (Amendment) Act, 2020.
Nishikant Dubey and Manoj Tiwari argued that the Act provides for specialised authorities to investigate offences. They also challenged the invoking of IPC provisions when a specialised law covered the case.
The Jharkhand government subsequently moved the Supreme Court, arguing that no sanction was necessary to proceed with the investigation. However, the MPs' counsel countered that such approval was mandatory, a position upheld by the High Court.
A Supreme Court bench reviewed the case and upheld the High Court's decision, affirming the FIR's quashing on Tuesday.
The court asked, “Where is the question of endangering the lives of others in this case? Nor is it a case of forced entry. He was just asking for permission to fly. He did not even intend to commit any crime.”
The Court, however, granted liberty to the Jharkhand government to forward the materials collected by them during the investigation to the competent officer under the Aircraft Act, 1934 within four weeks.
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