Dhaula Kuan BMW Case: Delhi Court Takes Cognisance of Culpable Homicide Charges
Delhi court took cognisance of charges against BMW driver in the fatal Dhaula Kuan accident that killed a Finance Ministry official
A Delhi Court has taken cognisance of charges against a BMW driver accused of causing the death of a senior Finance Ministry official, after police submitted that the fatal accident was the result of rash driving and that the victim was deliberately taken to a faraway hospital, leading to a loss of crucial time for medical treatment.
Judicial Magistrate Ankit Garg on Thursday heard submissions by the Delhi Police while considering the chargesheet filed against accused Gaganpreet Makkad in connection with the death of Navjot Singh, a 52-year-old Deputy Secretary in the Department of Economic Affairs, Ministry of Finance. Singh was run over near Dhaula Kuan in September last year.
According to the prosecution, the accident occurred at around 1.30 pm when Makkad’s BMW X5, allegedly being driven at a speed of 100–110 kmph, crashed into a metro pillar near the Delhi Cantonment Metro Station on Ring Road, overturned, and rammed into Singh’s motorcycle. Singh died, while three others, including his wife, sustained injuries.
Inspector Shyoram, appearing for the police, submitted that the accident took place due to the fault of the accused and that Makkad deliberately took the victim to a distant hospital instead of nearby trauma centres. The Court recorded that Makkad has been chargesheeted under Section 105 of the Bharatiya Nyaya Sanhita (culpable homicide not amounting to murder), along with Sections 281 (rash driving), 125B (act endangering life or personal safety of others), and 238A (causing disappearance of evidence).
The magistrate also took note of the postmortem report, which indicated that Singh could have died on the spot or survived for 5 to 15 minutes after the accident due to massive blood loss.
Delhi police informed the Court that while the accident occurred at 1.30 pm, the accused left the spot with the victim at 1.37 pm but reached the hospital only by 2.15 pm.
“I have heard the submissions on the point of cognisance. I have perused the chargesheet and the documents annexed with it. The material prima facie discloses commission of offence,” the magistrate said, while formally taking cognisance of the offences pressed by the prosecution.
The Court subsequently issued summons to the accused and listed the matter for further proceedings on February 2.
Earlier, in a detailed 400-page chargesheet filed in December, the police alleged that Makkad deliberately delayed providing critical medical assistance to Singh. The final report stated that instead of taking the injured to nearby facilities such as the Delhi Cantonment Hospital or the AIIMS Trauma Centre, which were just 10–15 minutes away, the accused drove the victims to Nulife Hospital in GTB Nagar, nearly 20 km from the accident site. Describing Nulife Hospital as a small nursing home with limited facilities, the chargesheet alleged that the accused’s actions resulted in the “wastage of the golden hour of trauma care,” which could have been vital in saving the victim’s life.
Singh, a resident of Hari Nagar, was killed on September 14 last year, triggering public outrage over the circumstances of the accident and the alleged delay in medical treatment.
Notably, on September 27, a Delhi Court had granted bail to Gaganpreet Kaur and on September 25, the Court reserved the order in Kaur's bail plea.
Kaur was initially remanded, two days Judicial Custody by the Court. Notably, on September 17, the Delhi Court had extended till September 27 the judicial custody of Gaganpreet Kaur.
The Judge had passed the order while also issuing notice on an application moved by Kaur seeking preservation of CCTV footage from the accident site. The plea will be heard on Thursday (September 18). The Court also heard arguments on Kaur’s bail application and adjourned the matter for orders on Saturday, i.e. September 20.
Kaur, 38, was remanded to judicial custody on September 15 after her arrest under provisions of the Bharatiya Nyaya Sanhita, including culpable homicide not amounting to murder, rash driving, endangering life, and obstruction of evidence.
The accident occurred on Sunday (September 14) afternoon on Ring Road near Delhi Cantonment Metro Station when Kaur’s BMW collided with a motorcycle carrying Singh and his wife. Singh, 52, a resident of Hari Nagar, was declared dead, while his wife suffered multiple fractures and head injuries.
The couple was returning home after paying obeisance at Bangla Sahib Gurdwara when the fatal crash occurred.
Bench: Judicial Magistrate First Class (JMFC) Ankit Garg
[Inputs: PTI]