Kerala HC Stays FIR Registered Under Repealed Aircraft Act, 1934 Against Two US Nationals

Justice C.S. Dias stayed proceedings in a Fort Kochi crime after finding that the Aircraft Act, 1934 was repealed from 1 January 2025 and the accused were charged under a law no longer in force.

The High Court of Kerala at Ernakulam has stayed all further proceedings in Crime No. 151/2026 registered by the Fort Kochi Police Station, Ernakulam, after finding that the two accused — both American nationals — had been charged under the Aircraft Act, 1934, a statute that ceased to exist on 1 January 2025. Justice C.S. Dias, sitting singly, admitted the petition on 5 June 2026 and granted an interim stay for two months, holding that the petitioners had made out a prima facie case for relief. The order turns on a straightforward but consequential point: a criminal prosecution cannot proceed under a law that Parliament has already repealed and replaced.

The Accused and the Crime Registered Against Them

The two petitioners are Katie Michelle Phelps, aged 32, and Christopher Ross Harvey, aged 35, both permanently residing at Redding, California, United States of America. They approached the Kerala High Court by way of Crl.M.C. No. 4547 of 2026, challenging Crime No. 151/2026 registered against them by the Fort Kochi Police Station in Ernakulam.

The petition was argued by Advocate Niharika Hema Raj for the petitioners. The learned Public Prosecutor appeared for the State of Kerala and took notice on behalf of the respondent, seeking time to obtain instructions. The Investigating Officer was directed to file a statement or counter affidavit, if any.

The Central Legal Issue: Charges Under a Repealed Statute

The Aircraft Act, 1934 was repealed with effect from 1 January 2025 by the Bharatiya Vayuyan Adhiniyam, 2024. Crime No. 151/2026 was registered in 2026 — after the repeal had already taken effect. The petitioners were, however, charged under the old, repealed Act.

This raised a direct question before the court: whether a criminal case can be sustained when the statutory basis for the charges no longer exists at the time the FIR was registered and the proceedings were initiated.

How Justice Dias Reasoned

Justice Dias considered the facts and materials on record and took specific note of the timeline: the Aircraft Act, 1934 stood repealed from 1 January 2025, and the crime in question was registered in 2026 under that very repealed enactment. On that basis, the court recorded that the petitioners had made out a prima facie case for an interim order.

The court did not elaborate further on the merits at this stage, as the matter was at the admission stage and the State had yet to file its counter. The stay operates for two months, during which the respondent is expected to place its instructions and the Investigating Officer may file a statement.

The reasoning, though brief, reflects a well-established principle that a prosecution must be grounded in a valid, subsisting law. Where the charging statute has been replaced by a new enactment, continuing proceedings under the old law requires specific justification — none of which appears to have been offered by the prosecution at this stage.

Outcome

By order dated 5 June 2026, Justice C.S. Dias admitted Crl.M.C. No. 4547 of 2026 and stayed all further proceedings in Crime No. 151/2026 of the Fort Kochi Police Station, Ernakulam, for a period of two months. The Investigating Officer was permitted to file a statement or counter affidavit. The matter is listed for further hearing after the State obtains instructions.