'Needs Medical Help': Delhi High Court Raps Litigant Who Sought Disqualification Of Prime Minister Narendra Modi From Contesting Elections

The Delhi High Court on Wednesday dismissed an appeal against a single judge order rejecting a plea seeking disqualification of Prime Minister Narendra Modi from contesting the Lok Sabha elections.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela rejected the appeal filed by Captain Deepak Kumar.

Kumar had alleged that Modi and his accomplices attempted to destabilize the national security by planning a fatal crash of an Air India flight in 2018 where he was pilot.

Kumar also said Modi "made a false Oath or affirmation which otherwise must be made after the nomination paper has been submitted to RO."

The plea also sought cancellation of the candidature of Union Home Minister Amit Shah and Union Minister Jyotiraditya Scindia.

“Are you well? Your petition is inchoate. You're going from one end of the spectrum to another. You're saying they have taken false oaths, that your plain was attacked to your daughter being missing to some former CJI trying to kill you,” the bench told Kumar.

The court further said: “No human being can understand your petition. It makes no sense. The single judge was absolutely correct that the petition contains unsubstantiated allegations.”

The court observed that Kumar's allegations are a figment of his imagination and are bereft of any material particulars.

The bench noted that Kumar had sought some information before Central Information Commission (CIC) against Air India which was declined.

Upholding the single judge order, the court said that if Kumar is not suffering from hallucinations, he needs medical help. However, as Kumar said that he is well and need no medical help, the bench ordered:

“However, keeping in view the provisions of the Mental Healthcare Act, this court directs the local SHO, SDM and District Judge to keep a watch on the appellant and if necessary, exercise discretionary powers, whether individually or collectively, under the Act.”

The single judge had observed that Kumar made reckless and unsubstantiated allegations in the plea, the purpose of which was to make scandalous allegations without any basis.

“Candidate Modi has obstructed the investigation of serious allegations against him and his accomplices. The petitioner for being a schedule caste is made to face an economic and social boycott orchestrated by Modi's accomplices. Candidate Modi is abusing his post of Prime Minister of India by shielding himself and his accomplices from legal scrutiny,” the plea stated.

It added: “Narender Modi, Amit Shan, Jyotiraditya Scindia and their accomplices are a criminal element will be detrimental for Indian Society at large. Thus is to be declared a rogue element as well as unqualified for submitting false Oath or affirmation to bear true faith and allegiance ot the Constitution as being candidate for Varanasi Loksabha Seat for the general election of year 2024.”

Kumar also alleged that Modi is accused of destruction of evidence by influencing and playing an active role in the selling process of Air India Limited, which cancelled his pilot license and ratings by fabricating his records of service.

Title: CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA

Citation: 2024 LiveLaw (Del) 739