HC trashes appeal to debar PM Modi from Lok Sabha, asks petitioner 'are you well?'

New Delhi: The Delhi High Court on Wednesday 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 allegations levelled in the plea are a figment of imagination and bereft of any material particulars.

A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said they were in agreement with the single judge, who had earlier rejected the plea, that the petition and the appeal are replete with “unsubstantiated, disjointed, scandalous and preposterous allegations”.

"Are you well?" an exasperated bench asked the appellant, adding he needs “medical help”.

The division bench directed the Station House Officer (SHO) of the police station concerned, Sub-Divisional Magistrate (SDM) and the District Judge to keep a watch on 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 destabilise national security by planning a fatal crash of an Air India flight in 2018 which the petitioner commanded as a pilot.

He alleged that Modi “made a false oath or affirmation which otherwise must be made after the nomination paper has been submitted to 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 they be debarred from the Lok Sabha.

While dismissing the plea, the bench said, “All the allegations in the present appeal are a figment of imagination of the appellant and bereft of any material particulars." During the hearing, the bench said, “Are you well? Your application is inchoate. It is going from one end of the spectrum to another. 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”.

Responding, the petitioner said, “Yes I am well, Sir. The petition is very clear, Sir. Yes, my daughter is being kidnapped, there is a police report to this effect. I was also kidnapped and taken to a police station where they bargained with me that if I keep my mouth shut, they will hand over my child back to me.” The bench told him the plea makes no sense and the single judge was right in holding that it was replete with unsubstantiated allegations.

While dictating the order, the division bench said it was of the opinion that the appellant, if not suffering from hallucination, is conjuncting facts and certainly needs 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, 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,” it said.

The bench directed the registry to forward a copy of the order to the SHO of the area where the appellant resides.

The plea alleged that the prime minister gave a "false" oath or affirmation before the returning officer to show he is eligible for contesting elections.

It 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 cancelled his pilot's licence and ratings by fabricating his service records.

On May 30, the single judge had rejected the plea saying the allegations levelled were “reckless” and “unsubstantiated” and the petition was tainted with malafide and oblique motives and such averments in a petition cannot be entertained.