‘Figments of imagination’: Delhi HC junks plea seeking PM Modi’s disqualification

The Delhi high court on Wednesday directed law enforcement authorities to monitor Captain Deepak Kumar, a litigant who filed a plea seeking Prime Minister Narendra Modi’s disqualification, alleging that the PM attempted to kill him by planning the crash of an Air India flight. The court also suggested that Kumar be treated for ‘mental illness’, if necessary, indicating that the man needed medical help.

A bench comprising acting chief justice Manmohan and justice Tushar Rao Gedela dismissed Kumar’s plea, stating that the allegations were “figments of his imagination, lacking material particulars”, and were incoherent and preposterous.

“This court is of the opinion that the appellant, if not suffering from hallucination, is conjecturing facts and needs medical help. While the appellant insists that he is well and needs no medical help, this court directs the local SHO, SDM, and District Judge to keep a watch on the appellant and exercise their discretion under the Mental Health Act. The registry is directed to forward a copy of this order to the local SHO of the area where the appellant resides. With the aforesaid direction, the appeal is dismissed,” the court said in its order.

Kumar had approached the division bench challenging a single judge’s May 30 order rejecting his petition seeking the PM’s disqualification, claiming that PM Modi had submitted a false oath to bear true faith and allegiance to the Constitution. The single judge bench had noted that the plea was filled with unsubstantiated, reckless allegations and was tainted with malafide and oblique motives.

In his petition before the single judge, Kumar accused the “PM and his accomplices” of obstructing an investigation by influencing the police to not proceed against him. He also claimed that the PM was attempting to kill him with the help of a former Chief Justice of India.

During the hearing on Wednesday, Kumar, appearing as a petitioner in person, submitted that the PM, along with Union ministers Amit Shah and Jyotiraditya Scindia, had taken a false oath of allegiance to the Indian Constitution and had committed an anti-national act of terrorism by attempting to kill him as the pilot of an Air India flight in July 2018. He contended that “these individuals had abused their power”, leading to his social boycott, and had also attempted to kill him with the help of a retired Chief Justice of India.

Considering Kumar’s contentions, the bench opined that his petition made no sense and consequently dismissed it.

“Are you well? Your application is going from one end of the spectrum to the other. Are you well? No human being can understand your petition. It makes no sense, and the single judge is correct in saying that it contains unsubstantiated allegations,” the bench said to Kumar, dismissing his plea.

Section 100 of the Mental Healthcare Act, 2017, requires police officers to protect any person found wandering within their jurisdiction if they believe the person is suffering from mental illness and is incapable of taking care of themselves. Additionally, Section 101 obligates the police to report such a person to the Magistrate, and Section 102 mandates the Magistrate to convey the person to mental health establishments.