The Supreme Court on Wednesday scrutinized the Jharkhand government over the involvement of the CID in investigating BJP MPs Nishikant Dubey and Manoj Tiwari for allegedly pressuring air traffic control (ATC) to clear their chartered flight’s takeoff from Deoghar airport.
A bench of Justices A S Oka and Manmohan reserved its verdict on the state government’s appeal challenging the Jharkhand High Court’s decision to quash the FIR filed against the BJP leaders and others. The High Court had previously invalidated the FIR, citing the lack of prior sanction required under the Aircraft (Amendment) Act, 2020.
During the hearing, the bench questioned the validity of the CID’s investigation, noting that offenses under the Aircraft Act fall under a distinct legal framework. Justice Oka remarked, “How can the CID probe an offense under the Aircraft Act? There is a specific mechanism outlined in the law for such cases.”
The court also asked the state to provide precedents to support its argument that the investigation could proceed without prior approval under the Aircraft Act. Advocate Jayant Mohan, representing Jharkhand, argued for the state government, while senior advocate Maninder Singh defended the BJP leaders.
The controversy began with an FIR filed in August 2023 at the Kunda police station in Deoghar district, accusing nine individuals, including Dubey and Tiwari, of violating security protocols. According to the FIR, the MPs allegedly forced ATC personnel to approve their flight’s takeoff beyond the scheduled time on August 31, 2022.
Dubey’s counsel contended before the High Court that the allegations were politically motivated and lacked merit. It was clarified that the flight took off at 6:17 PM, which complied with aviation norms permitting departures up to 30 minutes after sunset. On that day, sunset occurred at approximately 6:03 PM.
Court had quashed the FIR on the grounds of non-compliance with the Aircraft (Amendment) Act, which mandates prior sanction for such investigations. The state government, however, appealed the ruling, leading to the current proceedings before the Supreme Court.
The Supreme Court’s verdict, now awaited, will determine whether the investigation into the alleged security breach can continue under the existing legal framework.
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