Ambulance and DTC bus also share guilt, argued the accused in the BMW crash case that killed a senior finance ministry official. She told the court during her bail plea that negligence worsened the tragedy, sparking wider outrage nationwide.
The tragic death of a senior finance ministry official in a BMW collision with a motorcycle in Delhi last week has drawn attention, but Gaganpreet Kaur, the woman charged in the incident, pointed out that around 5,000 accidents occur annually across the country.
She made this statement during a court hearing in Delhi on Wednesday.
Kaur, who was arrested on Monday, argued that a DTC bus involved in the incident and an ambulance that allegedly passed by should also be held accountable in this case, which has provoked national outrage.
While seeking bail for Kaur, her lawyer, senior advocate Ramesh Gupta, stated,
“It is an unfortunate incident. Five thousand accidents happen every year, that’s also unfortunate.”
He also questioned why no actions were taken against the DTC bus, considering police reports indicated that the motorcycle collided with the bus after being struck by Kaur’s BMW. Furthermore, he alleged that an ambulance had been at the scene but refused to assist the victims.
Gupta asked,
“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?”
Kaur’s defense also challenged the police’s decision to apply section 105 of the Bharatiya Nyaya Sanhita (BNS) in this case.
This section states that anyone found guilty of culpable homicide not amounting to murder faces a prison sentence ranging from five to ten years.
Gupta questioned,
“How was section 304 (of the Indian Penal Code which translates to 105 of the BNS) invoked?”
He noted that the investigation officer should have been clear on whether to apply sub-section A or B. He asserted that under section 304 (2), the court has the discretion to grant bail.
The prosecution claims that Kaur’s choice to rush the motorcycle riders to a hospital 19 km away raised concerns, especially since her father co-owns the facility, leading authorities to suspect a possible cover-up or tampering with evidence.
Gupta added,
“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, however, questioned why Kaur reported the incident to the police five hours later.
They argued,
“Gaganpreet is seen taking her children out of the car, but she herself is later admitted to the Intensive Care Unit. How is this possible? How is it that she never informed the police for at least five hours after the accident?”
According to police reports, the luxury BMW was moving at high speed when it first struck a divider, lost balance, and then rammed into Singh’s motorcycle. The impact was so severe that the two-wheeler was flung into a nearby DTC bus.
Singh died on the spot, while his wife was left with serious injuries. The accused, her husband, two children, and a maid were also in the car at the time.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
