"If It's A Woman, You Can Give Bail," BMW Crash Accused Tells Court
The death of a senior finance ministry official in a BMW crash with a two-wheeler in Delhi last week is unfortunate but one cannot overlook that at least 5,000 accidents are also reported across the country every year, the court was told.
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In a Delhi courtroom on Wednesday, the woman accused in last week's fatal BMW collision that claimed the life of a senior finance ministry official argued that while the incident was tragic, it should be contextualized among the approximately 5,000 accidents reported annually across the country.
Gaganpreet Kaur, who was arrested Monday following the crash, contended through her counsel that both a DTC bus involved in the collision and an ambulance that allegedly refused assistance should also face accusations in this high-profile case that has triggered nationwide outrage.
Senior advocate Ramesh Gupta presented these arguments while petitioning for Kaur's bail at the Patiala House Court, which subsequently postponed the hearing until Saturday.
Authorities arrested Kaur on Monday and placed her in judicial custody after her BMW collided with a motorcycle near Dhaula Kuan in Delhi on Sunday. The motorcycle's driver, Navjot Singh, a deputy secretary in the Department of Economic Affairs, succumbed to his injuries, while his wife, who was riding as a passenger, sustained injuries.
During the bail petition, Mr. Gupta remarked: "It is an unfortunate incident. Five thousand accidents happen every year, that's also unfortunate."
Kaur's defense questioned why no action was taken against a DTC bus, considering police reports indicated the motorcycle struck the bus after being hit by the BMW. The defense also alleged an ambulance in the vicinity declined to assist the victims.
"An ambulance had stopped but refused to take them. Even he is guilty then. Police said that after the crash, the bike hit the DTC bus. Why did the police not seize the bus? Why did it file the case after 10 hours? The police are under immense pressure, so they can do anything. We pray that the Deputy Commissioner of Police be made witness in the case," Gupta stated.
The defense challenged the application of section 105 of the Bharatiya Nyaya Sanhita (BNS) against Kaur. This section prescribes punishment for culpable homicide not amounting to murder with imprisonment ranging from a minimum of five years to life imprisonment.
"How was section 304 (of the Indian Penal Code which translates to 105 of the BNS) invoked? The investigation officer is well aware of whether sub-section A or B needs to be involved. My exposure is to 304 (2), which gives the power to the court to grant me bail. They are saying that the act of taking the victims to a hospital far away attracts section 304," the lawyer argued.
This reference addressed concerns about Kaur's decision to transport the victims to a hospital 19km from the accident site. Subsequent investigation revealed that Kaur's father co-owns this hospital, raising questions about potential evidence tampering or cover-up attempts.
Gupta further argued that "if it's a lady, you can give bail in cases of death sentence and life also." In addition to section 105, Kaur faces charges under sections 281 (rash driving) and 125B (endangering life or personal safety of others) of the BNS.
The prosecution questioned why Kaur waited five hours before notifying police about the accident. "If she knew that the victim suffered such serious injuries, why did she not take them to the nearest hospital," the prosecutor asked.
Delhi Police also highlighted inconsistencies in Kaur's actions following the collision.
"Gaganpreet is seen taking her children out of the car but she herself is later admitted in the Intensive Care Unit? How is this possible? Once she takes the victims to the hospital, the injured are just kept on a stretcher but the one who did the running around was admitted in the ICU. How is it that she never informed the police for at least five hours after the accident," the prosecution stated.
Additionally, prosecutors noted that a taxi driver who assisted in transporting the victims had advised Kaur to take them to a closer medical facility, but she insisted on her preferred hospital instead.