Delhi BMW Accident Accused Says 'Wrong To Say Car Hit Bike'

Gaganpreet Kaur has been placed in judicial custody until September 27.

New Delhi:

In the Dhaula Kuan BMW case, Gaganpreet Kaur argued through her legal representative on Wednesday that her vehicle did not collide with the motorcycle and she transported the victim to hospital within 24 minutes following the incident.

Judicial Magistrate Ankit Garg was presiding over Kaur's bail hearing.

Kaur, 38, allegedly drove the BMW that crashed into a senior finance ministry official's two-wheeler, resulting in his death and leaving his wife severely injured.

She remains in judicial custody until September 27.

Her counsel highlighted discrepancies between the FIR's claim that the car struck the two-wheeler from behind and what the CCTV footage allegedly shows.

"The footage reveals that something suddenly appeared before the vehicle, causing it to hit the footpath, flip over, and overturn, after which the motorcycle collided with it and also struck a bus. The assertion that the car hit the motorcycle is inaccurate," the lawyer stated.

Characterizing her post-accident actions as genuine, the counsel explained that despite being injured herself, Kaur arranged for her children, household staff, and husband to wait safely while she urgently sought assistance.

"The injured parties were transported to Nulife Hospital in GTB Nagar, North Delhi, in approximately 23-24 minutes. Taking them to AIIMS or Venkateshwar Hospital would have required 36 minutes, representing a 4 km or 12-minute difference between these hospital options," her counsel asserted.

According to the lawyer, everything proceeded appropriately while transporting the injured to hospital in a van until the situation deteriorated when the man succumbed to his injuries.

"These allegations are retrospective. The FIR was filed after a 10-hour delay with a carefully crafted statement claiming the car struck the motorcycle. At 1:39 PM, I (Kaur) provided my phone to someone to contact emergency services. I identified myself to the injured woman. I could have fled the scene. Please consider my conduct from the very beginning," the counsel emphasized.

The lawyer contended that Section 105 of the BNS (culpable homicide not amounting to murder) was incorrectly applied as there was no intention to cause death.

"I've been detained for 10 days. Women are afforded special legal considerations. Statements have been documented. I've cooperated with investigators by supplying my mobile phone, driving license, and medical records. The triple test criteria for bail has been satisfied," the advocate argued.

The lawyer further suggested that Kaur's entire family had become "victims of the accident" as the incident completely disrupted their lives.

Conversely, the public prosecutor stated that the deceased victim's wife, who filed the complaint, never requested Kaur to take them to Venkateshwar Hospital but rather urged transportation to any nearby medical facility.

"Before reaching Nulife Hospital, there were numerous healthcare facilities including AIIMS, Safdarjung, Base Hospital, and others. Nulife reported the accident and death to authorities at 4:21 PM, three hours afterward. This hospital is connected to the accused's relatives," the prosecutor revealed.

The prosecutor added, "I'm not claiming the victim would definitely have survived if taken elsewhere. However, the possibility of saving his life would have been greater. The intent wasn't to help the injured, but to protect themselves from legal consequences by bringing them to a relative's hospital." The prosecutor argued there was "a failure to secure proper medical assistance" as the injured weren't taken to a facility just two minutes away, and according to the Motor Vehicle Amendment Act, one is obligated to transport injured parties to the nearest hospital.

The prosecutor maintained that BNS Section 105 was appropriately invoked.

"The investigation remains in its early stages. The complainant is in critical medical condition. There's concern about potential evidence tampering," the prosecutor stated.

The judge subsequently instructed the investigating officer "to present CCTV footage and all relevant documentation" on September 25.

The court also requested the prosecution's response to a petition from Kaur's counsel seeking the internet usage records of the van driver who transported the injured to Nulife Hospital between 1:30 PM and 2:15 PM.

Navjot Singh, 52, Deputy Secretary in the Department of Economic Affairs and resident of Hari Nagar, died from injuries sustained in the accident on Ring Road near Delhi Cantonment Metro station on the afternoon of September 14.

Singh and his wife were returning home after visiting the Bangla Sahib Gurdwara.

The FIR was registered under Sections 281 (rash driving), 125B (endangering lives), 105 (culpable homicide not amounting to murder), and 238 (causing disappearance of evidence) of the BNS.