SC Upholds Quashing of Criminal Case Against BJP MPs Dubey and Tiwari

The Supreme Court on Tuesday upheld the Jharkhand High Court’s decision to quash a criminal case against BJP MPs Nishikant Dubey and Manoj Tiwari for allegedly pressuring Deogarh Air Traffic Control (ATC) to approve the take-off of their chartered flight in August 2022. A bench comprising Justices Abhay S Oka and Manmohan dismissed the Jharkhand government’s appeal, stating that the allegations did not warrant proceedings under Sections 441 (criminal trespass) and 336 (endangering life or safety) of the Indian Penal Code.
The Supreme Court, however, directed the state to forward the relevant material to an authorised officer under the Aircraft Act for further examination. It underscored that cases related to aviation violations must adhere to the Aircraft Act’s provisions. Notably, the high court had earlier quashed the case in March 2023, citing Section 12B of the Act, which mandates a written sanction from the Director General of Civil Aviation (DGCA) before initiating prosecution.
Dubey and Tiwari had contended that the Aircraft Act governs aviation offences and includes mechanisms for specialised investigation, rendering the application of IPC provisions redundant. The incident had involved accusations of undue pressure on ATC authorities, which the courts have now ruled falls under the ambit of the Aircraft Act’s regulatory framework rather than general criminal law.
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