In Brief
On 31 August 2022, passengers of a chartered aircraft, including Member of Parliament Nishkant Dubey, entered the ATC room at Deoghar Airport requesting take-off clearance. Police registered an FIR charging them with endangering lives (Section 336 IPC), criminal trespass (Sections 447, 448 IPC), and Aircraft Act violations. The High Court quashed the FIR, finding it mala fide. The Supreme Court dismissed the State's appeal, holding that the FIR allegations do not prima facie constitute any offence. Requesting take-off clearance is not rashness or illegal pressure; no ATC official alleged intimidation; and the ATC office is not a place covered by Section 448 IPC. While the Aircraft Act prescribes special procedure, police may investigate and forward material to authorized aviation officers for further action.
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