Supreme Court Grants Relief To BJP MPs In Deoghar Airport Case

In a significant development, BJP MPs Nishikant Dubey and Manoj Tiwari have received a major relief from the Supreme Court in connection with the Deoghar airport case. The apex court has rejected a petition filed by the Jharkhand government, allowing the MPs to be free from further investigation under the current legal framework. Justices Abhay S. Oka and Augustine George Masih ruled that the Jharkhand government could present the matter before the appropriate authority under the Aircraft Act.

The controversy stems from an FIR filed against the two MPs in September 2022, accusing them of violating security protocols at Deoghar airport. The Jharkhand High Court had previously quashed the FIR, citing the Aircraft (Amendment) Act, 2020, which requires prior approval from the concerned authority before initiating an investigation. The court concluded that, as per the law, the investigation could not proceed without such approval, thus nullifying the FIR.

Disagreement On Investigation Protocols

During the Supreme Court hearing, the Jharkhand government argued that no such approval was needed to continue the investigation. To clarify the matter, the court summoned related documents. In contrast, the defense counsel representing Nishikant Dubey and Manoj Tiwari argued that the Aircraft Act mandates prior approval for any investigation in this context. The Supreme Court ultimately sided with the defense, reinforcing the Jharkhand High Court’s ruling.

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The MPs allegedly breached security rules at Deoghar airport in September 2022, where they pressured Air Traffic Control (ATC) to permit the takeoff of a private plane. The Jharkhand High Court had ruled that the offenses under the Indian Penal Code (IPC) were not applicable, as the case fell under the purview of the Aircraft Act, 1934, a special law governing aviation-related matters.

Nishikant Dubey had previously filed a petition in the Jharkhand High Court to challenge the FIR. After the High Court’s favorable ruling in March 2023, which quashed the FIR against him and eight others, the Supreme Court’s rejection of the Jharkhand government’s appeal marks a significant legal victory for the BJP MPs.