Representative image of an air carrier.
Credit: WikiCommons
Bengaluru: The Karnataka High Court has quashed criminal proceedings against a pilot linked to an aircraft accident, citing lack of required legal sanction.
Justice M Nagaprasanna observed that the complaint in this case lacked the necessary prior sanction.
The petitioner, Akash Jaiswal, a professional pilot, was set to fly the aircraft ‘VT-ETU Cessna C185’, owned by Agni Aero Sports Adventure Academy Pvt Ltd at Jakkur Aerodrome.
During take-off, the aircraft veered left and overturned, resulting in an accident on April 17, 2022. The incident was initially attributed to pilot negligence, leading to an FIR on April 19, 2022 at the Amruthahalli police station. Subsequently, the police filed a charge sheet, and the trial court took cognizance under Section 11 of the Aircraft Act.
Jaiswal contested the proceedings, arguing that the trial court could not proceed without prior sanction from the Directorate General of Civil Aviation, as mandated by Section 12B of the Aircraft Act. He further noted that a departmental inquiry by the Aviation Department had exonerated him of allegations similar to those in the criminal case.
After reviewing the Aircraft Act, Justice Nagaprasanna said under Section 11A, any investigation must be preceded by an authorised complaint with written sanction from relevant authorities as specified in Section 12B. The court underscored that Section 12B explicitly prohibits courts from taking cognizance of offences under the Aircraft Act without prior written sanction from the Directorate General of Civil Aviation, the Director General of the Bureau of Civil Aviation Security, or the Director General of the Aircraft Accidents Investigation Bureau, as applicable.
“...the admitted fact being the complaint not preceded by a sanction from the authorities enumerated therein, the very registration of the FIR is contrary to law and permitting further trial in the case at hand merely because the police have filed their charge sheet and the court has taken cognizance would undoubtedly become an abuse of the process of the law and result in miscarriage of justice,” the court said.