The Kerala High Court has granted a two-month stay on further proceedings in a case registered against two US nationals, Katie Michelle Phelps and Christopher Ross Harvey, for allegedly operating a drone in the vicinity of Fort Kochi, an area that the prosecution claims falls within a restricted zone.
Court's Interim Order
Justice C S Dias passed the interim order while considering a petition filed by Phelps and Harvey seeking to quash the case registered against them at the Fort Kochi police station. According to the prosecution, the petitioners operated a drone near Chariot Junction in Fort Kochi, a notified red zone, on March 21. Consequently, a case was registered against them under Section 10 of the Aircraft Act, 1934, Rules 22 and 49 of the Drone Rules, 2021, and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Petitioners' Arguments
The petitioners contended that the Aircraft Act, 1934, had been repealed with effect from January 1, 2025, by the Bharatiya Vayuyan Adhiniyam, 2024, and that the prosecution had nevertheless invoked provisions of the repealed statute against them. They argued that the case should be quashed on this ground.
Court's Observation
Observing that the petitioners had prima facie made out a case for interim relief, the court stayed further proceedings in the case for two months. The High Court also directed the investigating officer to file an affidavit in response to the petition.
