Kerala High Court Stays FIR Against Two US Citizens Booked For Flying Drone In Kochi's Red Zone
K. Salma Jennath
8 Jun 2026 4:41 PM IST
The Kerala High Court on Friday (June 5) stayed, for a period of 2 months, all criminal proceedings initiated against two US citizens, who were booked for allegedly flying drones in the Red Zone near the Coast Guard Headquarters and the Indian Navy's Dronacharya of Fort Kochi.
The petitioners before Justice C.S. Dias were Katie Michelle Phelps and Christopher Ross Harvey, who were accused of the offences under Section 10 of the Aircraft Act, 1934 along with Rules 22 and 49 of the Drone Rules, 2021 and Section 3(5) [Common intention] of the Bharatiya Nyaya Sanhita in a crime registered before the Fort Kochi Police Station, Ernakulam.
The Court allowed their interim prayer for stay of proceedings after noting that they were booked of the offences under a repealed law.
It observed:
"On a consideration of the facts and materials on record, particularly taking note of the fact that the Aircraft Act, 1934 was repealed with effect from 01.01.2025 by the Bharatiya Vayuyan Adhiniyam, 2024 and the petitioners have been charged under the repealed Act, I am satisfied that the petitioners have made out a prima facie case for an interim order. Hence, I stay all further proceedings in Crime No.151/2026 registered by the Fort Kochi Police Station, Ernakulam, for a period of two months."
The Court also granted time to the investigating officer to file a statement.
According to the plea, the incident occurred at 10:30 am on March 21 and in the FIR, it is stated that only one of the petitioners operated the drone while the second petitioner was not even at the site.
"The prosecution's own version therefore fails to disclose the factual basis on which the 2nd Petitioner has been arrayed as an accused. In the absence of any material disclosing the ingredients necessary to attract joint liability, the continuation of proceedings against the 2nd Petitioner amounts to an abuse of the process of law," states the plea.
Thus, they have sought for quashing the criminal proceedings initiated against them. The case is posted for further consideration on July 2
The petition is moved by Advocate Niharika Hema Raj.
Case No: Crl.MC 4547/2026
Case Title: Katie Michelle Phelps and Anr. v. State of Kerala
