The Delhi High Court on July 3 dismissed an appeal seeking Prime Minister Narendra Modi’s debarment from the Lok Sabha over claims that he plotted a fatal air crash and indulged in anti-national activities, saying the person who filed the plea appeared to be suffering from mental health issues.
“Are you well? Your application is inchoate. It is going from one end of the spectrum to another,” a Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela asked the petitioner, Captain Deepak Kumar.
On May 30, a single judge Bench had dismissed Captain Kumar’s plea against Mr. Modi saying the allegations levelled were vague, reckless and unsubstantiated. He then filed an appeal against the order.
On July 3, the High Court said it was in agreement with the single-judge Bench’s decision. It directed the Station House Officer (SHO) of the police station concerned, the Sub-Divisional Magistrate (SDM) and the District Judge to keep a watch on Captain Kumar.
The plea filed by Captain Kumar alleged that Mr. Modi and his accomplices attempted to destabilise national security by planning a fatal crash of an Air India flight in 2018 which he commanded as a pilot. He alleged that Mr. Modi “made a false oath or affirmation which otherwise must be made after the nomination paper has been submitted to RO [returning officer]”.
Air India sale
The petitioner also accused Mr. Modi of playing an active role in the sale of Air India Limited, which cancelled his pilot’s licence and ratings by fabricating his service records.
Arguing before the court, Captain Kumar alleged that Mr. Modi, Union Home Minister Amit Shah and Union Minister Jyotiraditya Scindia indulged in anti-national activities, and they be debarred from the Lok Sabha.
The court, however, remarked, “It is going from they have taken false oaths to the three people you are naming be debarred from contesting elections to saying that the plane you were flying crashed to your daughter being missing to some former CJI trying to kill you. Are you well? No human being can understand the petition”.
The court said it was of the opinion that Capt. Kumar, if not suffering from hallucination, was conjuncting facts and certainly needed medical help.
“But the appellant insists he is well and needs no medical help. However, keeping in view the provisions of the Mental Health Act, this court directs the SHO of the local police station, the SDM and District Judge to keep a watch on the appellant and if required, may exercise the discretion conferred on them, individually or collectively, under the said statute,” the Bench said.
