Today, On 21st January, The Supreme Court dismissed a plea challenging the High Court’s decision to quash the FIR against BJP MPs in an airport violation case. However, a bench of Justices A S Oka and Manmohan allowed the state government to send the evidence from the investigation to the authorized officer.
New Delhi: The Supreme Court dismissed a plea from the Jharkhand government challenging a high court order that quashed an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari. They were accused of pressuring air traffic control to allow their aircraft to take off from Deoghar airport after sunset in 2022.
A bench consisting of Justices A.S. Oka and Manmohan however, permit the state government to submit the materials gathered during the investigation to the authorized officer under the Aircraft Act within four weeks.
The court stated that the competent authority of the DGCA would decide, in accordance with the law, whether a complaint should be filed under the Act.
The Supreme Court had reserved its verdict on December 18 regarding the state government’s appeal against the Jharkhand High Court’s ruling. The case involves an FIR lodged at the Kunda police station in Deoghar district against nine individuals, including Dubey and Tiwari. They were alleged to have compelled ATC personnel at Deoghar airport to permit their chartered flight to take off after the scheduled time on August 31, 2022, violating airport security protocols.
The Supreme Court’s ruling stemmed from a petition by the Jharkhand government disputing a March 13, 2023, high court decision that quashed the FIR, citing that no prior sanction had been obtained from the Lok Sabha Secretariat as required by the Aircraft (Amendment) Act, 2020. According to the law, any FIR against an MP must receive approval from the secretariat.
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The airport violation case involves allegations against BJP MPs for misconduct at an airport, leading to an FIR being filed against them. While specific details of the incident may vary, such cases generally relate to violations of airport rules, such as obstructing airport staff, security breaches, or creating disruptions.
In this instance, the High Court quashed the FIR, effectively dismissing the charges against the BJP MPs. The state government challenged this order in the Supreme Court, arguing for reinstatement of the FIR. However, the Supreme Court rejected the plea, upholding the High Court’s decision.
Case Title: State of Jharkhand v. Nishikant Dubey and ors
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