New Delhi [India]: The Supreme Court on Monday issued notice to Bharatiya Janata Pary (BJP) MPs Nishikant Dubey and Manoj Tiwari in the Air Traffic Service (ATS) clearance matter to file their response on Jharkhand Government plea challenging High Court order quashing FIR against them.
The bench comprising Justices Abhay S Oka and Sanjay Karol asked respondents including Nishikant Dubey and Manoj Tiwari to file their responses on Jharkhand Government’s plea. Jharkhand Government, in the plea filed through advocate Jayant Mohan, has challenged Jharkhand High Court order which quashed FIR against BJP MPs Nishikant Dubey, Manoj Tiwari in ATS clearance matter at Deoghar airport.
*The state government said that Jharkhand High Court order was completely untenable and has scuttled the investigation.*
The state government also said that the High Court ought to have considered the relevant factors, namely the Respondent being Members of Parliament from the ruling party at the central government has illegally threatened and exerted undue pressure on the ATC to permit takeoff of the private aircraft from the Airport in violation of Security Regulations.
“The said security lapse and the airport was a very serious matter which required to be investigated upon in the interest of justice as well as to ensure that such incidents are not repeated. The State of Jharkhand under the Memorandum of Understanding with DRDO and the Airports Authority of India is obligated to provide Security at the Deoghar Airport.
Therefore, the Chief Security officer having come to know that the ATC was pressured and intimidated by the respondents and also the officials of the AAI permitted take off in violation of security regulations thereby endangering the life and safety of the passengers as well as persons at the airport. It was the obligation of the Petitioner to investigate the said security breach and take appropriate action as per Law in public interest,” read the petition.
The FIR was registered in the first week of September last year. On the instructions of the Deoghar deputy commissioner, the Jharkhand police had registered an FIR against Dubey, his two sons, MP Manoj Tiwari, the Deoghar airport director, and others for allegedly forcing officials at the airport to clear their chartered flight for take-off on the night of August 31.
The security-in-charge sought action against the pilot of the chartered plane, BJP MP Nishikant Dubey, Kanishk Kant Dubey, Mahikant Dubey, MP Manoj Tiwari, Mukesh Pathak, Devta Pandey, Pintu Tiwary and Sandeep Dhingra, the airport director.
Further, according to the complaint filed by the security-in-charge, “Nine people — Nishikant Dubey, Kanishk Kant Dubey, Mahikant Dubey, Manoj Tiwari, Member of Parliament, Kapil Mishra, Sheshadri Dubey Sunil Tiwari and others — had come to Deoghar by a chartered plane at 1 pm on August 31. During their return in the evening, some of them, including Dubey. forcibly entered the ATC room.”
As per the complaint letter, around 17:25 hrs, fellow passengers arrived at the airport to board the chartered flight. They were accompanied by other people who had come to see them off.
The security in charge further stated in his letter that Deoghar airport doesn’t have an IFR facility, which means that night takeoff and landing facility is not available. On August 31, the local sunset timing was 18.03 hours and air services were to be conducted till 17.30 hours.
In September last year, Dubey said there was no violation of rules and everything was done on time. The BJP MP had said they went to get justice for the girl, who was set ablaze by a stalker.
