Relief to Nishikant Dubey and Manoj Tiwari from Supreme Court, Jharkhand government's petition rejected in case of violation of aviation rules.

Delhi: Supreme Court dismisses Jharkhand's plea against High Court order quashing FIR against BJP MPs Nishikant Dubey, Manoj Tiwari in case of violation of aviation rules while taking off from the airport in 2022. The Jharkhand High Court's decision to quash the FIR lodged against BJP MPs Nishikant Dubey, Manoj Tiwari and others in the Deoghar airport case was challenged.

The FIR alleged Nishikant Dubey and Manoj Tiwari had threatened and forced air traffic control (ATC) personnel to allow a private plane to take off at Deoghar airport in September 2022 in violation of security rules. Godda MP and BJP's Delhi MP Manoj Tiwari and others allegedly forcibly entered the ATC at Deoghar airport and pressured the personnel to allow a private plane to take off.

The Jharkhand government had argued that the High Court had wrongly applied the principle of special law to common law by considering the Aircraft Act, 1934 as superior to the IPC. It argued that the provisions of the IPC are separate and distinct from Sections 10 and 11 of the Aircraft Act. The state further said that when the violations compromise safety and security, causing danger to life, the Aircraft Act cannot override the IPC.

The High Court analyzed Rule 4 of Schedule II of the Aircraft Rules, 1937, which defines night flying as occurring half an hour after sunset and half an hour before sunrise. In this case, sunset occurred at 6:03 pm and the flight took off at 6:17 pm. Noting that the flight had ATC clearance, the court held that the petitioner could not be prosecuted, as the responsibility for security rested with the airport authority.

Now the Supreme Court has accepted the decision of Jharkhand High Court and rejected the petition of the state government.

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