Kanda moves Delhi High Court for anticipatory bail (Second Lead)August 13th, 2012 - 6:48 pm ICT by IANS
New Delhi, Aug 13 (IANS) Former Haryana minister Gopal Goyal Kanda, wanted in connection with the suicide of former flight attendant Geetika Sharma, Monday moved the Delhi High Court for an anticipatory bail, saying she was hypersensitive in nature.
The matter will come up for hearing Tuesday.
In his plea, Kanda alleged that Geetika’s act of suicide here Aug 5 was not the handy work of a sound mind but that of a confused and frustrated individual.
“There is nothing in the FIR (first information report) or in the suicide note that the applicant ever goaded, urged, prompted, incited or encouraged the deceased to commit suicide,” Kanda’s plea stated.
“The very reading of the suicide note makes it abundantly clear that the act of suicide on the part of deceased was not the handy work of sound mind but that of a confused and frustrated individual. The deceased was victim of her own inability to deal with normal wear and tear of life and ordinary petulance, tensions and ups and downs of one’s existence.”
“The deceased was a person of hypersensitive nature who was unable to deal with the ordinary petulance or strike a balance between her personal life and work ethics,” said Kanda, who owned the MDLR Airlines where the 23-year-old Geetika was earlier employed.
“There is neither any allegation nor any mental process on instigation or initial aiding on the part of the applicant (Kanda) towards doing of a thing namely committing suicide. The active role which can be described as an instigation or aiding is the essential ingredient of the offence of abetment for commission of suicide under section 306 of IPC (Indian Penal Code),” the plea further added.
Senior advocate K.T.S. Tulsi, appearing for Kanda, mentioned the matter in the morning before a division bench of Justice Sanjay Kishan Kaul and Justice Vipin Sanghi and told the court that the anticipatory bail plea would be filed.
Kanda’s anticipatory bail plea was dismissed Aug 9 by a sessions court that said allegations against him were grave and serious in nature and that his application was without merit.
The former minister said that suicide notes were inadmissible under section 10 of the Indian Evidence Act.
The plea submitted that Kanda has no intention of delaying the matter. “He is a respectable citizen and having substantial property in Gurgaon, there is no likelihood of petitioner absconding or delaying the trial of the case.”
“He is willing and undertakes to abide with all conditions imposed by the high court while granting bail. He is ready to join investigation as and when required by the investigating agency,” said the application.
The former minister was booked for abetment to Geetika’s suicide and criminal intimidation. He is yet to appear before Delhi Police for questioning.
Kanda began his career as a petty businessman and later became a multi-millionaire property dealer. He floated MDLR Airlines in 2007.
He was elected to the Haryana assembly as an Independent legislator from Sirsa constituency in the October 2009 polls and joined the Congress-led government headed by Chief Minister Bhupinder Singh Hooda.
Kanda was made minister of state for home by Hooda despite having been named in police cases earlier.
Geetika hanged herself in her north Delhi’s Ashok Vihar house and left behind a suicide note, blaming Kanda and Aruna Chaddha, senior executive in Kanda’s group now under arrest, for her extreme step. Her autopsy report confirmed there was no foul play.
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Tags: bail plea, committing suicide, delhi high court, division bench, essential ingredient, flight attendant, handy work, haryana minister, indian penal code, information report, instigation, kaul, kishan, mdlr airlines, petulance, sanghi, suicide note, ups and downs, vipin, work ethics