Delhi HC dismisses woman's plea seeking FIR against Kejriwal over daughter's death

New Delhi | The Delhi High Court has dismissed a woman's plea seeking registration of FIR in relation to the death of her daughter in 2013 pursuant to an alleged conspiracy involving former chief minister Arvind Kejriwal and others.

The petitioner alleged that her daughter -- Santosh Koli -- was "murdered in a political conspiracy" and therefore sought FIR against Kejriwal, Kumar Vishwas, Kuldeep Pawar, etc., under provisions of the Indian Penal Code as well as the SC and ST (Prevention of Atrocities) Act.

Koli, who was slated to contest the assembly elections on AAP ticket, was critically injured after she was hit by an unknown vehicle while travelling as a pillion rider in June 2013.

Justice Neena Bansal Krishna, while upholding a trial court order refusing to pass directions to Delhi Police for registration of an FIR in the matter, observed that an FIR in relation to the accident was registered in Ghaziabad i.e. where the incident took place in 2013, and the law does not permit the registration of a second FIR.

The judge further noted that no caste-based abuse or insult were uttered in the present matter and therefore no offence under the SC/ST Act was made out.

"The averments made in the complaint merely imputes to certain persons conspiracy to allegedly murder her daughter because the petitioner Kalawati and her family members, including the deceased - Smt. Santosh Koli come from the Scheduled Caste Community," the court said in the order passed on October 4.

"Even if all the averments of the petitioner-Kalawati made in the complaint are accepted, there is no caste-based abuse or remarks to insult, abuse or humiliate which can be deciphered, except that the petitioner-Kalawati imputes motive on the named persons to have allegedly murdered her daughter because of their caste, which is essentially based on her hunch and has no basis," it added.

The court also said the provisions of the SC/ST Act would not be attracted merely because the victim woman belongs to the SC/ST community.

With respect to the accident, the court noted that a final report on the accused being "untraced" was filed in the trial court concerned pursuant to investigation by Ghaziabad police and further investigation has already been directed in the matter.

"It is also pertinent to observe that the entire incident in which Smt. Santosh Koli suffered grievous injuries which eventually proved to be fatal, had happened in Ghaziabad, Uttar Pradesh and no part of the said incident occurred in the jurisdiction of Delhi. Therefore, no such fresh FIR can be directed to be registered with the Police Station Nand Nagari, Delhi, as has been rightly observed by the Ld. ASJ, in the impugned Order dated 16.09.2023," noted the court.

"In view of above, there is no merit in the present petition, which is hereby dismissed," the court said.

The petitioner had submitted that her daughter was working in Parivartan Institution with Kejriwal who had then formed the Aam Adami Party and in June 2013 she met with an accident on her way to attend a party meeting in Kausambi, Ghaziabad, and succummed to injuries in August that year.