The Supreme Court on Wednesday raised concerns about the appropriateness of the Jharkhand CID investigating allegations against BJP MPs Nishikant Dubey and Manoj Tiwari, who are accused of improperly influencing air traffic control at Deoghar Airport. The query pertained to whether a state CID could legitimately probe a matter that falls under the Aircraft Act, as the bench comprising Justices A S Oka and Manmohan deliberated over the case.
During the proceedings, the Court also reserved its judgment on the Jharkhand government’s appeal against a prior decision by the Jharkhand High Court. On March 13, 2023, the High Court had quashed an FIR lodged against the MPs and others, citing the lack of required prior sanction under the Aircraft (Amendment) Act, 2020.
Advocate Jayant Mohan, representing the state, and senior lawyer Maninder Singh, defending the BJP leaders, presented their arguments before the bench. Justice Oka specifically questioned the procedural legitimacy of the CID’s involvement, highlighting the existence of specialized mechanisms under the Aircraft Act to handle such offences.
The case originated from an FIR filed at Kunda police station in Deoghar district in August 2023. It alleged that on August 31, 2022, the MPs coerced ATC personnel into clearing their chartered flight for takeoff beyond scheduled operational hours, contravening established security protocols.
In defense, Dubey’s counsel had previously argued in the High Court that the flight, destined for Delhi, was within legal operational limits, taking off only 14 minutes after sunset, which is permissible under aviation rules. He claimed that the accusations were politically motivated and intended to malign the MPs.
