"Are You Well? No Human Being Can Understand Your Petition": Delhi HC While Dismissing Plea Seeking PM Modi's Disqualification

The Delhi High Court dismissed an appeal seeking to disqualify Prime Minister Narendra Modi from Lok Sabha, saying the allegations levelled in the plea are "reckless and unsubstantiated".

The Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the local authorities to monitor petitioner Captain Deepak Kumar under the provisions of the Mental Healthcare Act, if necessary.

The Court's decision followed Kumar's claims accusing PM Modi, Home Minister Amit Shah, and Minister of Communications Jyotiraditya Scindia of falsely pledging allegiance to the Indian Constitution.

The Bench said, "The learned single-judge is absolutely correct in observing that this is all is replete with unsubstantiated allegations."

During the proceedings, the Bench expressed serious doubts regarding Kumar's mental state, noting the erratic nature of his petition which ranged from allegations of attempted assassination by the Prime Minister to other unsubstantiated claims involving a former Chief Justice of India.

Addressing Kumar directly, the Bench questioned his coherence and well-being, the Court asked, "Are you well?"

To this Kumar responded, "Yes Sir, I am well."

While emphasizing that the allegations lacked factual basis and were purely speculative. "The petition is inchoate. It is going from one end to the spectrum of other. There are false oaths, these three people you are naming while contesting the elections, to ensure that your plain that you were flying crashed, to  your daughter being missing, to some former Chief Justice of India trying to kill you. Are you well?," the Court said. 

"We are not able to follow anything in this petition. No human being can understand your petition," the Court remarked. 

The Court opined that the Appellant if is not suffering from hallucinations, is conjucting up facts and certainly needs medical help. The Court noted that the Appellant insists that he is well and needs no medical help.

"However, keeping in view the provision of the Mental Health Act. This Court directs the local SHO, SDM and District Judge to keep a watch on the Appellant and if required may exercise the descretion conferred on them indivudually or collectively, under the said statute. Registry is directed to forward a copy of thsi Order to the local SHO of the area where the appellant resides. With the aforesaid directions the present appeal is dismissed," the Court ordered. 

Pertinently, on May 30, a Single-Judge of the High Court had dismissed the petition calling it "tainted with malafide and oblique motives". The Court had said that the petition cannot be entertained. "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," it had said. 

Furthermore, the Court had said, "In the pleadings there is a repeated reference to a “simulator training session of 19.10.2019 that took place at Central Training Establishment of Air India Limited”. The same is also referred to in prayer (iv) as reproduced above. However, the petitioner has not been able to cogently make out his grievance with regard thereto. The purport of the present petition is evidently to make scandalous allegations without any basis thereof".

Cause Title: Captain Deepak Kumar v. Election Commission of India [Neutral Citation: 2024: DHC: 4928-DB]

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