Supreme Court Dismisses Jharkhand's Appeal Against Nishikant Dubey and Manoj Tiwari
Click to start listening
Synopsis
On January 21, the Supreme Court dismissed the Jharkhand government's appeal against the quashing of an FIR involving BJP MPs Nishikant Dubey and Manoj Tiwari for alleged security violations at Deoghar Airport, reaffirming the High Court's ruling.
Key Takeaways
- The Supreme Court upheld the High Court's decision to quash the FIR against BJP MPs.
- The FIR was related to alleged security breaches at Deoghar Airport.
- The court questioned the grounds of endangerment cited in the case.
- Jharkhand government allowed to forward investigation materials to the competent authority.
- Specialized law governs the investigation process in such cases.
Ranchi, Jan 21 (NationPress) The Supreme Court on Tuesday rejected the appeal from the Jharkhand government that sought to overturn the quashing of an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari concerning alleged breaches of security regulations at Deoghar Airport.
The FIR, which was filed regarding a private flight on August 31, 2022, accused the MPs of exerting pressure on officials to permit the aircraft to take off in the evening, purportedly violating security protocols. The complaint was lodged by DSP Suman Aman, who is responsible for airport security, at the Kunda police station in Deoghar district.
In response, Nishikant Dubey and others approached the Jharkhand High Court, which, on March 13, 2023, annulled the FIR against nine individuals, including Dubey, Tiwari, and Kapil Mishra. The High Court determined that the investigation did not obtain the necessary prior approval under the Aircraft (Amendment) Act, 2020.
The MPs asserted that the Act necessitates specialized authorities to probe offenses. They also contested the application of IPC provisions when a specialized law was applicable to the case.
Subsequently, the Jharkhand government appealed to the Supreme Court, claiming that no sanction was needed for the investigation to proceed. However, the MPs' legal representation maintained that such approval was essential, a view supported by the High Court.
A bench of the Supreme Court examined the matter and upheld the High Court's ruling, confirming the quashing of the FIR on Tuesday.
The court queried, “Where is the question of endangering the lives of others in this case? Nor is it a case of forced entry. He was merely requesting permission to fly. He did not even intend to commit any crime.”
Nevertheless, the Court permitted the Jharkhand government to submit the materials they gathered during the investigation to the appropriate officer under the Aircraft Act, 1934 within four weeks.
