Supreme Court’s final word on BJP MPs’ airport Row: What led to clean chit for Nishikant Dubey and Manoj Tiwari

Quashing the case on March 13, 2023, Jharkhand High Court said the “FIR has been lodged malafidely and allowing to continue the proceeding will amount to the abuse of process of law…”.

The High Court also pointed out that material on record suggested that “several (other) cases” have been lodged against Dubey which have been earlier quashed by the HC and the same later affirmed by the Supreme Court.

The dispute centred on the time of taking off of the aircraft on August 31, 2022, from the Deoghar Airport which is not equipped for night take-offs, after the Nishikant Dubey and Manoj Tiwari visited the state to hand over a cheque of Rs 29 lakh to the family of a victim in Dumka. The sunset on August 31, 2022 occurred at 6.03 pm.

While the state government argued that this could not have happened, Dubey and others cited Rule 4 of the Aircraft Rules, 1937, according to which flight by night means a flight performed between the period of half an hour after sunset and half an hour before sunrise. They pointed out that their flight had taken off at 6.17 pm, well within the outer limit of 6.33 pm.

The accused also contended that FIR cannot be lodged under the Aircraft Act and cognisance of any offence under the Act shall be taken only with the previous sanction of the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau.

The state contended that as per witnesses, the visibility at the time was only 3500 metres while the required visibility was 5000 metre and hence the ATC clearance was denied initially following which the accused entered the ATC forcibly and pressurised the personnel to clear the take-off.

The Jharkhand High Court said, “Looking into the said Rule 94) it is crystal clear that before half an hour of sunrise and half an hour after sunset, a flight can take off. It is not the case that the flight has taken off in the absence of any clearance from the ATC. Had it been the case that in absence of any ATC, clearance flight has taken off however matter would have otherwise.”