The Supreme Court heard Jharkhand’s challenge against the High Court’s dismissal of an FIR against BJP MPs over Deoghar airport irregularities. The High Court ruled that prior approval was needed for investigation under the Aircraft Act. The Supreme Court is reviewing this procedural requirement, with the next hearing scheduled for December 18, potentially impacting future legal interpretations.
New Delhi: The Supreme Court on Wednesday (Nov 27th) heard the Jharkhand government’s petition challenging the Jharkhand High Court’s decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar airport case.
The Jharkhand High Court had quashed the FIR on the grounds that prior approval, as mandated under the Aircraft (Amendment) Act, 2020, was not obtained before initiating the investigation. The case pertains to allegations of irregularities at Deoghar Airport involving high-profile individuals.
During the hearing, the state government’s lawyer contended that “the question of approval would not arise at the investigation stage but only when a complaint is registered, and the court takes cognizance of it.” The counsel further argued that the restriction under the Aircraft Act applies only after the filing of charges and completion of the investigation, not during its initiation.
The Supreme Court bench, comprising Justice Abhay Oka and Justice Augustine George Masih, sought a precedent to support this argument. Justice Oka observed that similar cases have allowed investigations to proceed before cognizance is taken and the material from such probes to be used in registering complaints.
The Supreme Court scheduled the next hearing for December 18, asking the Jharkhand government to provide decisions that substantiate its claim. The case remains a critical legal test for interpreting the Aircraft (Amendment) Act, 2020, particularly its procedural requirements for investigating alleged offenses.
The FIR against BJP MPs Nishikant Dubey and Manoj Tiwari arose from alleged procedural violations linked to activities at Deoghar Airport. The case has attracted political and legal attention, given its implications for regulatory oversight and procedural compliance in civil aviation.
As the Supreme Court examines whether investigations can proceed without prior approval under specific laws, the outcome is expected to have significant ramifications for the interpretation of procedural safeguards in similar cases.
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