NEW DELHI: Upholding the Jharkhand High Court’s judgement which quashed the FIR against lawmakers Nishikant Dubey and Manoj Tiwari, the Supreme Court on Tuesday said BJP MPs will not be prosecuted in connection with an FIR of Jharkhand police for allegedly forcing the Deoghar air traffic control to allow their aircraft to take off after sunset three years ago.A two-judge bench of Justices Dipankar Datta and Manmohan passed the order on Tuesday, after hearing an appeal filed by the state government challenging the Jharkhand High Court judgment. The bench, however, granted the state government the liberty to forward the material collected during its probe to the authorised officer under the Aircraft Act within four weeks.“We permit the state of Jharkhand to forward the materials collected by it during investigation to such an authorized officer under the Aircraft Act, 1934 within four weeks, who shall take a decision in accordance with law as to whether a complaint needs to be filed under the Aircraft Act, 1934 and the rules framed,’ said Justice Manmohan, pronouncing the judgement.Refusing to interfere with the Jharkhand High Court’s verdict, the apex court said there were no grounds to revive the case under the Indian Penal Code’s Sections 441 (criminal trespass) and 336 (endangering life or personal safety of others). According to the prosecution, Dubey, Tiwari, and others were accused of pressuring the ATC to allow their take off.
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