New Delhi [India], December 18 : The Supreme Court on Wednesday reserved its order on the Jharkhand Government's plea challenging a High Court order that quashed an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari in connection with the ATS clearance matter at Deoghar airport.
A bench comprising Justices Abhay S. Oka and Manmohan reserved the order.
During the hearing, the apex court questioned how an offence was established in the case. The Jharkhand Government argued that the air traffic control (ATC) area is a protected zone.
The court further raised concerns about whether the police could investigate an offence under the Aircraft Act.
The Jharkhand Government, through advocate Jayant Mohan, challenged the High Court's decision to quash the FIR against BJP MPs Nishikant Dubey and Manoj Tiwari concerning the ATS clearance issue at Deoghar airport.
The FIR was registered in the first week of September last year. Following instructions from the Deoghar deputy commissioner, the Jharkhand police filed an FIR against Dubey, his two sons, MP Manoj Tiwari, the Deoghar airport director, and others for allegedly pressuring officials at the airport to clear their chartered flight for take-off on the night of August 31.
The complaint, filed by the security-in-charge, sought action against the pilot of the chartered plane, BJP MP Nishikant Dubey, Kanishk Kant Dubey, Mahikant Dubey, MP Manoj Tiwari, Mukesh Pathak, Devta Pandey, Pintu Tiwary, and Sandeep Dhingra, the airport director.
According to the complaint, "Nine people -- Nishikant Dubey, Kanishk Kant Dubey, Mahikant Dubey, Manoj Tiwari (Member of Parliament), Kapil Mishra, Sheshadri Dubey, Sunil Tiwari, and others -- arrived in Deoghar by a chartered plane at 1 pm on August 31. During their return in the evening, some of them, including Dubey, forcibly entered the ATC room."
The complaint further stated that at approximately 17:25 hrs, passengers arrived at the airport to board the chartered flight. They were accompanied by others who had come to see them off. The security in-charge noted that Deoghar airport lacks an Instrument Flight Rules (IFR) facility, meaning night take-offs and landings are not permitted. On August 31, the local sunset time was 18:03 hrs, with air services operational only until 17:30 hrs.
In September last year, Dubey denied any rule violations, asserting that all protocols were followed. The BJP MP stated that the trip was to seek justice for a girl who had been set ablaze by a stalker.