Flying drone over restricted zone: Kerala HC stays proceedings against two US nationals

Kochi: High court has stayed for two months 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.

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 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.

The petitioners contended that the Aircraft Act, 1934, had been repealed with effect from Jan 1, 2025, by the Bharatiya Vayuyan Adhiniyam, 2024, and that the prosecution had nevertheless invoked provisions of the repealed statute against them. 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. HC also directed the investigating officer to file an affidavit in response to the petition.