SC Set Aside J’khand Govt’s Plea Against BJP MPs In Deoghar Airport FIR

Deoghar Airport

The Supreme Court on Tuesday rejected the Jharkhand government’s appeal to reinstate an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari.

The FIR was originally filed over allegations that the MPs pressured Deogarh’s Air Traffic Control (ATC) to approve the take-off of their chartered flight in August 2022.

A bench of Justices Dipankar Datta and Manmohan upheld the High Court’s decision to quash the case, stating that there were no valid grounds to revive the charges under the Indian Penal Code, specifically Sections 441 (criminal trespass) and 336 (endangering life or personal safety). However, the Supreme Court directed the Jharkhand government to forward all relevant material to an authorized officer under the Aircraft Act within four weeks, allowing them to determine if any violations occurred under aviation law.

The controversy began when Dubey, Tiwari, and others were accused of pressuring the ATC to allow their chartered flight to take off from Deoghar. The Jharkhand government argued that the ATC zone was a protected area and that the High Court’s decision to quash the FIR was wrong. The FIR was filed in September 2023, following instructions from the Deoghar deputy commissioner. It accused the pilot of the chartered plane, Dubey, his two sons, Tiwari, Mukesh Pathak, Devta Pandey, and others, of forcing airport officials to clear the flight for take-off on the night of August 31, 2022.

According to the complaint, nine individuals, including Dubey, his sons, and Tiwari, arrived in Deoghar by chartered plane at 1:00 pm on August 31.

Later in the evening, some of them, including Dubey, allegedly entered the ATC room forcibly. At around 5:25 pm, the passengers and their companions arrived at the airport for their return flight. The security in charge pointed out that Deoghar airport lacked Instrument Flight Rules (IFR) facilities, meaning night-time take-offs and landings were not allowed. On that particular day, sunset was at 6:03 pm, and air services ceased at 5:30 pm.

In response to the allegations, Nishikant Dubey denied any rule violations, asserting that all protocols had been followed. He clarified that the purpose of the trip was to seek justice for a girl who had been set on fire by a stalker.

With the Supreme Court’s decision, the legal battle over the case continues, now moving to the Aircraft Act for further review. The outcome of this process will determine whether aviation-related regulations were violated during the incident.