The Delhi High Court on Wednesday dismissed an appeal against an earlier order rejecting a man’s plea for disqualification of the candidature of Prime Minister Narendra Modi from the Varanasi constituency in the recently concluded Lok Sabha elections.
On May 30, a single judge bench of Justice Sachin Datta dismissed the plea of the appellant, Captain Deepak Kumar, in which he stated PM Modi and his accomplices “attempted to destabilize the internal and national security of India” and the “accused accomplices of PM Modi is accused of attempting to cause a fatal crash” of an Air India flight in 2018 of which the petitioner was a pilot.
While dismissing Kumar’s plea, Justice Datta observed, “A perusal of the petition reveals that the same is replete with vague, unsubstantiated and reckless allegations. The pleadings are altogether inchoate and utterly lacking in both coherence and credibility. The tenor of the same is demonstrative of the fact that the present petition is tainted with the malafides and oblique motives”.
Kumar filed an appeal before the division bench of the Delhi High Court against this dismissal.
On Wednesday, a division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said, “All the allegations in the present appeal are a figment of the appellant’s (Kumar) imagination and are bereft of any material particulars”.
The division bench also said Kumar presented the information against Air India before the Central Information Commission (CIC). On December 15, 2023, CIC found that no evidence was placed on record by Kumar and there “seems to be an inter se dispute between the appellant and Air India limited relating to the services of the appellant”. Consequently, CIC declined to entertain the information, the bench noted.
The bench thereafter said, “This court is in agreement with learned single judge that the petition and appeal are replete with unsubstantiated, disjointed, scandalous, and preposterous allegations. This court is further of the opinion that the appellant if not suffering from hallucinations is conjecturing facts and needs medical help. But the appellant insists that he is well and needs no help. However, keeping in view, the provisions of the Mental Health Act this court directs the local station house officer, sub-divisional magistrate, and district judge to keep a watch on the appellant and if required to exercise the discretion conferred on them individually or collectively. under the said statute”.
Dismissing the appeal, the division bench directed the High Court Registry to forward a copy of its Wednesday order to the local SHO of the area where Kumar resides.
During the hearing, the bench orally asked Kumar who appeared in person if he was well, adding that his plea was “inchoate” and was going from one “end of the spectrum to the other”. Kumar responded he was “well” and his plea was “clear”.
“You say they have ‘taken false oaths these three people you are naming’ while contesting the elections… to your daughter being missing… Are you well? Where are you going from one end of the spectrum to the other? … We are not able to follow anything in your petition. No human being can understand your petition. Learned single judge is absolutely correct in observing that all these are replete with unsubstantiated allegations,” the bench orally said.
Kumar had alleged the “PM, Home Minister, and the Union Minister of Communication have taken false oaths of allegiance to the Constitution of India” and they have “attempted an anti-national act of terrorism by attempting to kill the appellant as pilot in command. of Air India AI 459 on July 8, 2018”. He alleged the “PM is causing the CCTV footage” of the simulator session of October 19, 2019, at the ‘Central Training Establishment of Air India Limited’ to be “destroyed”.
Kumar further alleged that the three people mentioned in his plea had “abused their power” leading to Kumar’s “social and economic boycott”. He also alleged the “PM and his accomplices attempted to kill the appellant with the help of a retired Chief Justice of India and his legal accomplices”. He also stated that he had complained regarding his missing daughter which is not being converted into an FIR.