BJP MPs Manoj Tiwari and Nishikant Dubey (right). File photo
| Photo Credit: PTI
The Supreme Court on Tuesday (January 21, 2025), confirmed the quashing of a case of criminal trespass registered against found BJP MPs Nishikant Dubey, Manoj Tiwari and others for entering the Air Traffic Control (ATC) room at Deoghar Airport in Jharkhand three years ago after the take-off of their chartered flight was delayed.
However, a Bench headed by Justice A.S. Oka allowed the State Police to hand over any material collected during investigation to the competent authorities under the Aircraft Act of 1934 within a month. The officer-in-charge under the statute would take an independent decision on whether a complaint could be filed against the MPs and their co-accused.
While reserving the case for judgment on December 18 last year, the apex court had questioned the State’s case of criminal trespass and ‘endangering the lives of others’ against the BJP MPs and their co-accused for entering the ATC room to seek clearance for their flight.
“How is criminal trespass committed here? Was there any ingredients of Section 441 (criminal trespass) of the Indian Penal Code (IPC) like an intention to intimidate, insult or injure involved in their actions? How were they endangering the lives of others? Section 336 IPC would have applied if they had taken off in the aircraft,” Justice AS OKa had asked the State government in December.
The FIR had alleged the accused persons threatened and coerced Air Traffic Control (ATC) personnel into permitting the take-off of a private aircraft in violation of safety regulations at Deoghar airport in September 2022.
The case, investigated by the CID, had alleged that the MPs and their companions along with their pilot entered the ATC and “pressurised” the personnel to allow the take-off of their private aircraft even though the airport was not equipped for night operations.
The FIR was registered under provisions of the IPC and the Aircraft Act.
“All that happened was the pilot followed by these gentlemen entered the ATC and tried to impress upon the people present there to give clearance to fly,” Justice Oka had observed.
The Jharkhand counsel had said the ATC was a prohibited area. The accused were not authorised to enter this part of the airport. The State had come in appeal against the Jharkhand High Court’s decision to quash the FIR on the ground that no prior sanction was taken as required under the Aircraft Act.
The High Court had held that under Section 12B of the Act, a court could take cognisance of offences only after a formal complaint was filed with the written sanction of the Director General of Civil Aviation (DGCA). It had ruled that the FIR was not maintainable as such a complaint was not filed in the present case.
Published – January 21, 2025 12:47 pm IST
