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SC upholds quashing of FIR against BJP MPs Dubey and Tiwari over Deoghar flight incident

  • Supreme Court upholds Jharkhand High Court's decision to quash FIR against BJP MPs Nishikant Dubey, Manoj Tiwari
  • Court dismisses Jharkhand government's appeal, citing lack of required sanction under Aircraft Act for maintaining FIR
  • Jharkhand government allowed to forward investigation materials to DGCA for review under Aircraft Act for potential filing

21 Jan 2025

SC upholds quashing of FIR against BJP MPs Dubey and Tiwari over Deoghar flight incident

The Supreme Court of India has upheld the Jharkhand High Court’s decision to quash a criminal case filed against Bharatiya Janata Party (BJP) Members of Parliament (MPs) Nishikant Dubey and Manoj Tiwari. The case stemmed from allegations that the MPs, along with others, forced Air Traffic Control (ATC) officials at Deoghar airport to allow their chartered flight to take off after sunset on August 31, 2022. The airport was not authorized for night operations at that time, and the flight was allegedly cleared despite the violation of security protocols.

The Jharkhand government had appealed to the Supreme Court to reinstate the criminal charges under the Indian Penal Code (IPC), particularly Sections 441 (criminal trespass) and 336 (endangering life or personal safety of others). However, the bench of Justices Abhay S. Oka and Manmohan dismissed the appeal, agreeing with the High Court’s March 2023 ruling that the FIR was not maintainable under these provisions. The Court found that the legal process followed in filing the FIR did not meet the requirements established under the Aircraft Act, 1934.

The High Court had quashed the FIR on the grounds that no prior sanction had been obtained from the Director General of Civil Aviation (DGCA), Bureau of Civil Aviation Security (BCAS), or the Director General of Aircraft Accidents Investigation Bureau (DGAAIB), as required by Section 12B of the Aircraft Act (amended in 2020). The High Court noted that under the Aircraft Act, a complaint against an MP must be filed with prior approval from the Lok Sabha Secretariat, which was not obtained in this case. The High Court also ruled that the FIR had been filed with malafide intent and that continuing criminal proceedings would amount to an abuse of process.

The incident that led to the FIR occurred when Dubey and Tiwari, who had traveled to Jharkhand to offer a ₹28 lakh cheque to the family of a woman from Dumka district who had been set on fire by a stalker, allegedly pressured ATC personnel to grant clearance for their chartered flight. Despite the airport’s limitations for night operations, the MPs were accused of intimidating ATC officials to allow their flight to take off at around 6:17 PM, well past the scheduled time.

In addition to the MPs, the FIR also named Dubey's sons, Kanishk Kant Dubey and Mahikant Kant Dubey, and the Airport Director. The FIR was filed following a complaint by the security in-charge at Deoghar airport. However, the High Court’s decision to quash the FIR emphasized that the necessary legal protocols had not been followed, and the involvement of Dubey’s sons in the case was deemed unnecessary.

Although the Supreme Court upheld the High Court’s judgment, it allowed the Jharkhand government to forward the investigation materials to the appropriate authorized officer under the Aircraft Act. The Court directed that the DGCA or other competent authorities review the materials and determine whether a complaint should be filed under the specialized provisions of the Aircraft Act. This ruling clarified the procedural requirements for addressing aviation-related offenses involving public officials.

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SC upholds quashing of FIR against BJP MPs Dubey and Tiwari
Supreme Court upholds Jharkhand High Court's decision to quash FIR against BJP MPs Nishikant Dubey, Manoj Tiwari





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