Delhi Police detained Abhijeet Dipke and others from inside a plane: Can they do so? What does the law say?
Offences such as violence against people on board, damaging an aircraft, and placing dangerous devices on board come under the ambit of the Anti-Hijacking Act and the Suppression of Unlawful Acts against the Safety of Civil Aviation Act.
On a recent flight to Delhi, police apprehended Abhijeet Dipke, the founder of Cockroach Janata Party, along with his associates Saurav Das and Ashutosh Ranka. Their arrest occurred as the aircraft landed, ahead of a protest aimed at compelling Chief Election Commissioner Gyanesh Kumar to resign due to allegations of voter list tampering.
Dipke and the others were subsequently released from preventive arrest. The legality of such an arrest on a moving aircraft prompted inquiries into the applicable laws. India's aviation regulations address offenses that jeopardize aircraft safety, but no specific criminal acts involving arrests inside an aircraft are enumerated under the Indian Penal Code or the Bharatiya Nyaya Sanhita.
Common offenses like violence against passengers, aircraft damage, and placing dangerous devices are covered under the Anti-Hijacking Act and the Suppression of Unlawful Acts against the Safety of Civil Aviation Act. Additionally, general arrest laws apply to criminal offenses, provided the police follow procedures for entering the aircraft, as outlined by Indian Express.
Aviation law expert Saurabh Nandwani emphasized that an aircraft remains subject to Indian law post-landing, but the police must possess a valid legal basis for the arrest, adhering to prescribed safeguards. Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, delineates circumstances allowing arrest without a warrant, while Sections 126 and 170 pertain to preventive actions.
Constitutional protections under Article 21 and 22 ensure personal liberty and limit arbitrary detention. Distinguishing between actions to safeguard aircraft safety and lawful law-enforcement actions is crucial, as the latter must be justified by facts and legal grounds. Police must justify the use of force to enter the aircraft, ensuring the arrest is necessary to prevent the person from resisting, evading, or posing a threat to other passengers.
The Supreme Court's guidelines in D K Basu v State of West Bengal mandate adherence to arrest and custody procedures, including arrest memos, notification of grounds of arrest, informing relatives, and medical examinations. The police invoked Sections 126 and 170 of the BNSS while detaining Dipke and his associates, with Section 126 concerning maintaining public peace and Section 170 allowing arrest to prevent a cognizable offense. The detention could not extend beyond 24 hours without further authorization.
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