Delhi HC dismisses plea seeking PM Modi's disqualification from contesting polls
New Delhi, July 3: The Delhi High Court on Wednesday dismissed an appeal seeking the disqualification of Prime Minister Narendra Modi from contesting Lok Sabha elections or being a member of the Lok Sabha from the Varanasi constituency.
A division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the single-judge bench was absolutely correct in holding that the petition contained unsubstantiated allegations.
In his plea, Captain Deepak Kumar alleged that PM Modi submitted a false oath or affirmation to bear true faith and allegiance to the Constitution of India.
Opining that the appellant required medical assistance, the division bench asked the concerned authorities, including jurisdictional SHO and SDM, to keep a watch on him under the Mental Healthcare Act, 2017, if necessary.
Earlier on May 30, a single-judge bench of Justice Sachin Datta had dismissed the plea observing that the petitioner made reckless and unsubstantiated allegations in the plea, the purpose of which was to make scandalous allegations without any basis.
It had said that the petition was tainted with mala fide and oblique motives.
The petition claimed that PM Modi has influenced the Delhi Police to avoid registering cases against him and his accomplices concerning serious allegations of corruption and national security threats, including an attempted but unsuccessful plan to cause a fatal crash of Air India Flight AI 459 on July 8, 2018.
The petitioner urged the High Court to call upon records from the file of the Commissioner of Police, Delhi, to confirm these allegations.
The petitioner alleged that PM Modi has been shielding his accomplices from lawful scrutiny, leveraging his position as Prime Minister to obstruct investigations into a national-level criminal conspiracy.
The petitioner also claimed that PM Modi made a false oath or affirmation, which should be submitted after the filing of the nomination paper and before the date of scrutiny of nominations.
The petition identified PM Modi's alleged accomplices as Thawarchand Gehlot, IFCI VCFSC, IL&FS Trust Company Limited, and Air India Limited.
It was alleged that these individuals and entities attempted an act of terrorism by planning to kill the petitioner, who was the pilot in command of Flight AI 459 on July 8, 2018.
This attempt, the petition claimed, amounts to a terror attack on India's democratic sovereignty, thereby destabilising national and internal security.
Furthermore, the petitioner alleged that PM Modi has obstructed the investigation of serious allegations against him and his accomplices.
The petitioner, being from a scheduled caste, claimed to have faced an economic and social boycott orchestrated by PM Modi's accomplices.
The petition argued that PM Modi is abusing his position as Prime Minister to shield himself and his accomplices from legal scrutiny.