The Supreme Court has upheld the Jharkhand High Court’s order quashing the criminal case against BJP Members of Parliament Nishikant Dubey and Manoj Tiwari. The two were accused of pressuring Deogarh’s Air Traffic Control (ATC) to approve the take-off of their chartered flight in August 2022.
Details of the Case
A bench comprising Justices Abhay S. Oka and Manmohan dismissed the Jharkhand government’s appeal to revive the case. The Court ruled there was no basis to invoke charges under:
- Section 441 (Criminal Trespass) of the Indian Penal Code (IPC)
- Section 336 (Endangering Life or Personal Safety of Others)
Instead, the Supreme Court directed the Jharkhand government to forward the case details to an authorized officer under the Aircraft Act, stating that the matter should be examined under the specialized provisions of the law.
Background
Dubey, Tiwari, and seven others were accused of coercing the ATC to allow the flight’s take-off, despite alleged protocol violations. The Jharkhand High Court quashed the case in March 2023, ruling that the incident fell under Section 12B of the Aircraft Act.
The High Court emphasized that complaints under the Aircraft Act require written sanction from the Director General of Civil Aviation (DGCA) for a court to take cognizance.
Defence by Dubey and Tiwari
The BJP MPs argued that the Aircraft Act, being a specialized law, supersedes the IPC in matters related to aviation. They contended that invoking IPC provisions was unwarranted as the Act already designates specific authorities to investigate such offences.
Supreme Court’s Observations
The bench supported the High Court’s stance, agreeing that the case should be examined under the Aircraft Act rather than the IPC. It upheld the principle that specialized laws take precedence over general provisions in such circumstances.
Implications
The Supreme Court’s decision reinforces the jurisdiction of specialized laws like the Aircraft Act for aviation-related matters, limiting the application of general criminal laws in such cases.
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