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The petition was moved by Kalawati, 60, the parent of the deceased AAP idiosyncratic Santosh Koli, alleging execution and governmental conspiracy which led to her daughter’s death. (File Photo)
The Delhi High Court connected October 4 dismissed a reappraisal petition against a sessions tribunal bid past twelvemonth that refused to nonstop the lodging of an FIR against AAP leaders Arvind Kejriwal, Kumar Vishwas, and 4 others nether the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act successful narration to a enactment worker’s decease successful 2013.
The petition was moved by Kalawati, 60, the parent of the deceased AAP idiosyncratic Santosh Koli, alleging execution and governmental conspiracy which led to her daughter’s death. Santosh died portion she was connected her mode to Kausambi to be a enactment gathering portion riding pillion connected a motorcycle aft an chartless conveyance deed the two-wheeler connected June 30, 2013.
Santosh succumbed to her injuries connected August 8, 2013. An FIR was lodged astatine the clip against “unknown persons” astatine Ghaziabad constabulary presumption but aft drafting a blank successful their investigations subsequently, the constabulary filed an ‘untrace last report’ earlier a magistrate court. The magistrate tribunal accepted the aforesaid connected June 28, 2019.
Kalawati past moved with a protestation petition successful 2019 wherever further probe was ordered for and connected April 2, 2022, she filed a ailment earlier the Nand Nagari constabulary presumption successful Delhi seeking registration of FIR against Arvind Kejriwal, Kumar Vishwas, and different enactment workers Vandana, Kuldeep Pawar, Gaurav and Pankaj, nether the provisions of the Indian Penal Code (IPC) and the SC/ST Act.
The tribunal of Justice Neena Bansal Krishna, portion rejecting Kalawati’s plea, reasoned, “Once the FIR astir this incidental had already been registered, successful which the investigations had been undertaken and erstwhile further investigations person already been directed connected the Protest Petition of the complainant-Kalawati, the instrumentality does not licence the registration of 2nd FIR connected the aforesaid incident…It is besides pertinent to observe that the full incidental successful which Smt. Santosh Koli suffered grievous injuries which yet proved to beryllium fatal, had happened successful Ghaziabad, Uttar Pradesh and nary portion of the said incidental occurred successful the jurisdiction of Delhi.”
The tribunal besides observed that portion her April 2022 constabulary ailment sought invocation of the SC/ST Act, nary specified averments were made successful her protestation petition earlier. “…the petitioner-Kalawati has wholly failed to disclose the facts connected the ground of which specified sections are sought to beryllium invoked. Moreover, neither immoderate caste-based maltreatment oregon remarks to insult, maltreatment oregon humiliate person been uttered successful the contiguous matter, which is the astir communal offence committed mostly against the victims nether the SC/ST (POA) Act, 1989 and nary offence arsenic enumerated successful Section 3 of the SC/ST (POA) Act, 1989 has been made out…the petitioner-Kalawati imputes motive connected the named persons to person allegedly murdered her girl due to the fact that of their caste, which is fundamentally based connected her hunch and has nary basis,” the tribunal recorded.
Upholding the sessions tribunal bid rejecting Kalawati’s plea seeking registration of FIR, the Delhi High Court dismissed her plea.
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