Ranchi: The Supreme Court has issued a notice to BJP MP Nishikant Dubey on Monday in the case related to landing at Deoghar airport. The Jharkhand government had filed a petition in the apex court. He is accused of violating security rules at Deoghar Airport in September 2022. He threatened and forced the ATC (Air Traffic Control) to allow the private plane to fly.
The matter was heard in the bench of Supreme Court Judge Justice Abhay S Oka and Justice Sanjay Karol. During the hearing, the counsel appearing for the state government argued that the High Court wrongly laid down the principle of a special law (Aircraft Act) prevailing over common law (IPC). The provisions of the IPC are different from offenses under sections 10 and 11 of the Aircraft Act 1934.
When the safety rules are violated at the airport by endangering life and safety, the Aircraft Act cannot override the IPC. In its order, the Jharkhand High Court held that the IPC section is not applicable in the cases registered against MPs and others. Because there is a special act i.e. Aircraft Act, of 1934 for such cases.