Legal Glitch: Kerala High Court Halts Prosecution Based on Outdated Aircraft Act

In a significant relief for two United States citizens, the Kerala High Court has stayed criminal proceedings against them after they were booked under a law that had been repealed nearly a year and a half prior. The case, which involves allegations of unauthorized drone operations in a restricted zone, highlights the necessity for precision in law enforcement investigations.

The Backdrop: A "Red Zone" Incursion The petitioners, Katie Michelle Phelps and Christopher Ross Harvey, found themselves caught in a legal crosshair following an incident on March 21, 2026 . The Fort Kochi Police Station registered a crime against the duo, accusing them of operating a drone within a "Red Zone" near the Indian Coast Guard Headquarters and the Indian Navy 's Dronacharya facility.

The charges filed against the petitioners included Section 10 of the Aircraft Act, 1934 , alongside Rules 22 and 49 of the Drone Rules, 2021 , and Section 3(5) (common intention) of the Bharatiya Nyaya Sanhita . However, the legal foundation of this charge sheet faced immediate scrutiny from the court.

Arguments: The Repeal Argument Represented by Advocate Niharika Hema Raj , the petitioners argued that the police had invoked a dead statute . They pointed out that the Aircraft Act, 1934 , served as the basis for the prosecution, despite it having been formally repealed effective January 1, 2025 , by the Bharatiya Vayuyan Adhiniyam, 2024 .

Furthermore, the defense challenged the inclusion of the second petitioner in the FIR , arguing that the prosecution’s own narrative failed to place them at the scene. They dubbed the continuation of the proceedings against the second petitioner as an " abuse of the process of law ," lacking the necessary ingredients to establish joint liability .

The Public Prosecutor sought time to receive instructions and prepare the state’s response, leading to the court granting the investigating officer an opportunity to file a statement.

Key Observations Justice C.S. Dias, presiding over the matter, found a prima facie case for an interim stay , acknowledging the fundamental error in the prosecution's reliance on a repealed Act.

"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of the facts and materials on record, particularly taking note of the fact that the Aircraft Act, 1934 was repealed with effect from 01.01.2025 by the Bharatiya Vayuyan Adhiniyam, 2024 and the petitioners have been charged under the repealed Act, I am satisfied that the petitioners have made out a prima facie case for an interim order ."

The Court underscored the gravity of the legal error in its 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."

Impact and Next Steps The decision by the Kerala High Court to stay the proceedings serves as a cautionary tale for investigating agencies regarding the importance of keeping abreast of legislative changes. By staying the FIR for two months, the Court has provided breathing room for the petitioners while setting the stage for a deeper examination of the procedural lapses in the case.

The matter is currently scheduled for further consideration on July 2, 2026 . Legal observers will be watching to see whether the case is quashed entirely, given the fundamental jurisdictional issues surrounding the reliance on a repealed statute . For now, the US citizens enjoy a temporary respite from a legal battle predicated on laws that were no longer on the statute books.