New Delhi: The Delhi High Court on Wednesday dismissed an appeal seeking disqualification of Prime Minister Narendra Modi from the Lok Sabha over allegations that he planned a fatal air crash and indulged in anti-national activities, saying the allegations made in the statement are product of imagination and devoid of any material detail.
A bench comprising Acting President Manmohan and Justice Tushar Rao Gedela said they agreed with the single judge, who had earlier rejected the petition, that the petition and appeal are replete with “baseless, unconnected, scandalous and absurd allegations.” ”.
"Are you OK?" An exasperated court asked the appellant, adding that he needs “medical help.”
The division court directed the station house officer (SHO) of the concerned police station, sub-divisional magistrate (SDM) and district magistrate to monitor him in view of the provisions of the Medical Health Act.
The plea filed by Captain Deepak Kumar alleged that Modi and his accomplices attempted to destabilize national security by masterminding a fatal crash of an Air India flight in 2018 that the petitioner was commanding as a pilot.
He alleged that Modi “made a false oath or statement which otherwise has to be made after the nomination paper has been submitted to the RO (returning officer).”
Arguing before the court, Kumar alleged that Modi, Union Home Minister Amit Shah and Union Minister Jyotiraditya Scindia indulged in anti-national activities and were excluded from the Lok Sabha.
While dismissing the plea, the court said, "All the allegations in the present appeal are figments of the appellant's imagination and lack material details."
During the hearing, the court said: “Are you okay? Its application is incipient. It goes from one end of the spectrum to the other. It ranges from them taking false oaths so that the three people you name are excluded from participating in the elections to saying that the plane he was flying crashed and that his daughter is missing and that a former CJI was trying to kill him. Are you OK? No human being can understand the request.”
Responding, the petitioner said: “Yes, I am fine, sir. The request is very clear, sir. Yes, my daughter is being kidnapped, there is a police report about it. They also kidnapped me and took me to a police station where they negotiated with me that if I kept my mouth shut they would give me my son.”
The court told him that the statement is meaningless and the single judge was right in holding that it was replete with baseless allegations.
While passing the order, the division bench said it was of the view that the appellant, if he is not suffering from hallucinations, is conflating facts and certainly needs medical help.
“But the appellant insists that he is fine and does not need medical help. However, keeping in mind the provisions of the Mental Health Act, this court directs the SHO of the local police station, the SDM and the district magistrate to monitor the appellant and, if necessary, may exercise the discretion vested in them. , individually or collectively. , pursuant to said statute,” he said.
The court directed the registry to send a copy of the order to the SHO of the area where the appellant resides.
The plea alleged that the prime minister made a "false" oath or affirmation before the returning officer to show that he is eligible to contest the elections.
He also alleged that Modi is accused of destruction of evidence by influencing and playing an active role in the sale of Air India Limited, which canceled his pilot's license and ratings by fabricating his service records.
On May 30, the single judge rejected the plea saying that the allegations leveled were “reckless” and “baseless” and the petition was tainted with mala fides and indirect motives and such allegations in a petition cannot be accepted.
A bench comprising Acting President Manmohan and Justice Tushar Rao Gedela said they agreed with the single judge, who had earlier rejected the petition, that the petition and appeal are replete with “baseless, unconnected, scandalous and absurd allegations.” ”.
"Are you OK?" An exasperated court asked the appellant, adding that he needs “medical help.”
The division court directed the station house officer (SHO) of the concerned police station, sub-divisional magistrate (SDM) and district magistrate to monitor him in view of the provisions of the Medical Health Act.
The plea filed by Captain Deepak Kumar alleged that Modi and his accomplices attempted to destabilize national security by masterminding a fatal crash of an Air India flight in 2018 that the petitioner was commanding as a pilot.
He alleged that Modi “made a false oath or statement which otherwise has to be made after the nomination paper has been submitted to the RO (returning officer).”
Arguing before the court, Kumar alleged that Modi, Union Home Minister Amit Shah and Union Minister Jyotiraditya Scindia indulged in anti-national activities and were excluded from the Lok Sabha.
While dismissing the plea, the court said, "All the allegations in the present appeal are figments of the appellant's imagination and lack material details."
During the hearing, the court said: “Are you okay? Its application is incipient. It goes from one end of the spectrum to the other. It ranges from them taking false oaths so that the three people you name are excluded from participating in the elections to saying that the plane he was flying crashed and that his daughter is missing and that a former CJI was trying to kill him. Are you OK? No human being can understand the request.”
Responding, the petitioner said: “Yes, I am fine, sir. The request is very clear, sir. Yes, my daughter is being kidnapped, there is a police report about it. They also kidnapped me and took me to a police station where they negotiated with me that if I kept my mouth shut they would give me my son.”
The court told him that the statement is meaningless and the single judge was right in holding that it was replete with baseless allegations.
While passing the order, the division bench said it was of the view that the appellant, if he is not suffering from hallucinations, is conflating facts and certainly needs medical help.
“But the appellant insists that he is fine and does not need medical help. However, keeping in mind the provisions of the Mental Health Act, this court directs the SHO of the local police station, the SDM and the district magistrate to monitor the appellant and, if necessary, may exercise the discretion vested in them. , individually or collectively. , pursuant to said statute,” he said.
The court directed the registry to send a copy of the order to the SHO of the area where the appellant resides.
The plea alleged that the prime minister made a "false" oath or affirmation before the returning officer to show that he is eligible to contest the elections.
He also alleged that Modi is accused of destruction of evidence by influencing and playing an active role in the sale of Air India Limited, which canceled his pilot's license and ratings by fabricating his service records.
On May 30, the single judge rejected the plea saying that the allegations leveled were “reckless” and “baseless” and the petition was tainted with mala fides and indirect motives and such allegations in a petition cannot be accepted.
