THE JHARKHAND STORY DESK
New Delhi, Nov 27: The Supreme Court heard the Jharkhand government’s petition on Wednesday challenging the Jharkhand High Court’s decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar airport case.
A bench of Justice Abhay Oka and Justice Augustine George Masih asked the state to present arguments supporting its position that an investigation could continue without prior approval. The Jharkhand High Court had dismissed the FIR on the grounds that no prior approval was obtained as required under the Aircraft (Amendment) Act, 2020.
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During the hearing, the state government’s lawyer argued that the question of approval would not arise at the investigation stage but only when a complaint is registered and the court takes cognizance of it. Therefore, the restriction would apply not during the investigation but after the filing of charges and completion of the investigation.
The court then sought a decision to support this argument. Justice Oka noted that in similar cases, there are rulings that allow investigations before taking cognizance and the use of material for registering a complaint. The Supreme Court will hear the case again on December 18.