KN High Court Quashes Criminal Case Against Pilot Akash Jaiswal Over Procedural Lapses

Bengaluru: In a significant ruling, the High Court of Karnataka has quashed criminal proceedings against Akash Jaiswal, a 50-year-old pilot from Haryana associated with Agni Aero Sports Adventure Academy Pvt. Ltd. The case, stemming from an aircraft mishap at Jakkur Aerodrome in April 2022, was dismissed due to procedural violations.

The incident occurred when Jaiswal’s Cessna aircraft veered off course and toppled during a landing maneuver. Thankfully, no injuries were reported to either Jaiswal or his passenger, Cheryl Ann Stearns. Despite the lack of physical harm, the mishap was officially deemed an "aircraft accident," with negligence attributed to the pilot. Following a complaint by Amruthahalli Police, a charge sheet was filed, initiating legal action.

Jaiswal’s defense, led by advocates Arnav A. Bagalwadi, Captain Arvind Sharma, and Keerthana Nagaraj, argued that the court violated Section 12B of the Aircraft Act, 1934.

Section 12B of the Aircraft Act, 1934 states that a court cannot take cognizance of an offense under the Act unless a complaint is made by or with the written sanction of the following officials:

• Director General of Civil Aviation

• Director General of Bureau of Civil Aviation Security

• Director General of Aircraft Accidents Investigation Bureau 

The complaint must be made within one year of the offense coming to the knowledge of the relevant official. Additionally, no court lower than a Metropolitan Magistrate or a Magistrate of the first class can try offenses under the Act. 

This section mandates prior written approval from aviation authorities before any court can take cognizance of such offenses. The defense stressed that no such sanction was secured, making the prosecution illegal. Moreover, they pointed out that a departmental inquiry had exonerated Jaiswal of any wrongdoing.

The High Court Government Pleader defended the legitimacy of the case, asserting that procedural steps had been correctly followed and that Jaiswal should face a full trial. However, Justice M. Nagaprasanna emphasized that the law clearly prohibits court proceedings without prior authorization from aviation authorities. The court cited precedents from the High Courts of Jharkhand and Kerala, which underscored that any legal action lacking this crucial sanction is invalid.

The High Court concluded that allowing the case to continue would constitute an abuse of the legal process and result in a miscarriage of justice. The proceedings were declared null and void, with the judgment highlighting the necessity of strict adherence to statutory safeguards, especially in specialized fields like aviation law. The ruling reinforces the importance of protecting individuals from unjust prosecution when mandatory legal requirements are not met.

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