In a significant ruling, the Delhi High Court has dismissed a plea filed by Kalawati, seeking the registration of a First Information Report (FIR) against former Chief Minister Arvind Kejriwal and others concerning the death of her daughter, Santosh Koli, in 2013. Justice Neena Bansal Krishna upheld a previous trial court decision that rejected the direction to Delhi Police for initiating an FIR, citing procedural grounds and lack of evidence to support allegations of caste-based discrimination.
Santosh Koli, who had been an active member of the Aam Aadmi Party (AAP) and was slated to contest the assembly elections, tragically succumbed to injuries sustained in a road accident in Ghaziabad, where an unknown vehicle struck her while she was riding pillion. An FIR regarding the accident had already been registered in Ghaziabad, and the law prohibits the registration of a second FIR on the same incident.
The plea implicated Kejriwal along with AAP associates Kumar Vishwas and Kuldeep Pawar, under various sections of the Indian Penal Code and the SC and ST (Prevention of Atrocities) Act. However, the court noted that the complaint lacked any substantial evidence of caste-based insults or abuse that would necessitate invoking the SC/ST Act. “The allegations seem to be based on the petitioner’s assumptions rather than concrete evidence,” Justice Krishna stated in her decision.
Furthermore, the court emphasized that the entire incident took place outside its jurisdiction, in Ghaziabad, Uttar Pradesh, reinforcing the decision not to direct the registration of an FIR in Delhi’s Nand Nagari police station. The court also highlighted that a final report had been filed stating that the accused remained untraced, and further investigation into the incident was ongoing.
