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SC Seeks Judgments on Sanction in Deoghar Airport Case Against BJP MPs

Writer's picture: Legal Soch FoundationLegal Soch Foundation
2 min read

The Supreme Court, on November 27, 2024, heard the State of Jharkhand's plea challenging the Jharkhand High Court's decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar Airport case.


A bench comprising Justice Abhay Oka and Justice Augustine George Masih directed the state to present judgments supporting its argument that prior sanction under the Aircraft (Amendment) Act, 2020, is not required for conducting an investigation. The High Court had earlier quashed the FIR on the grounds of the absence of such sanction, deeming the FIR non-maintainable.


The FIR alleged that the accused coerced Air Traffic Control (ATC) personnel at Deoghar Airport in September 2022 into permitting the takeoff of a private aircraft in violation of safety norms. The accused reportedly entered the ATC and pressured staff to clear a night flight despite the airport lacking night operation facilities.


The State of Jharkhand argued that the sanction requirement under Section 12B of the Aircraft (Amendment) Act, 2020, applies only at the stage of cognizance by the court and not during the investigation. It also contended that the Aircraft Act provisions do not override the Indian Penal Code (IPC) when public safety and security are compromised.


The High Court, however, had ruled that the special law under the Aircraft Act supersedes the general provisions of the IPC in this context. It observed that the flight had ATC clearance and attributed the responsibility for safety to the Airport Authority. The court also held that the FIR was lodged with malafide intent.


The Supreme Court has scheduled the next hearing for December 18, allowing parties to file brief submissions and supporting judgments. The decision is expected to clarify the applicability of sanction requirements during investigations under special laws like the Aircraft Act.




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