Absconding former Haryana minister Gopal Goyal Kanda's anticipatory bail plea was on Tuesday opposed in the Delhi high court by the police which said his custodial interrogation was necessary to unearth the conspiracy leading to the suicide of his former employee Geetika Sharma.
The prosecution also questioned the conduct of Kanda who has gone into hiding and has removed all electronic gadgets, including his laptop and computer, from his office.
"His custodial interrogation is needed to find out the conspiracy aspect between the accused (Kanda) and his employee Aruna Chaddha against Sharma," additional solicitor general (ASG) Siddharth Luthra submitted to justice PK Bhasin, who reserved his verdict on Kanda's anticipatory bail.
The ASG said the former Haryana minister has been on the run despite a notice served upon him to join the investigation which is at a very preliminary stage and sought the court to reject Kanda's anticipatory bail.
"Looking into his conduct of not joining the investigation, removal of all electronic items including his laptop and computer from his office... it is a case for refusal of anticipatory bail," Luthra added.
Appearing for Kanda, senior advocate KTS Tulsi said no case under section 306 (abetment of suicide) of the Indian Penal Code (IPC) is made out against his client.
"Prima facie no case is made out against Kanda on the basis of the FIR and the suicide note. The suicide note cannot be the gospel truth and the same has to be proved by independent evidence," Tulsi said.
Kanda had moved the Delhi high court on Monday for anticipatory bail saying that Sharma was "hypersensitive" and her act of suicide was a handiwork of an "unsound mind and of a frustrated individual."
Kanda has been accused of abetting the suicide of Sharma, an ex-airhostess of his defunct MDLR airline.
Challenging the trial court's August 9 order dismissing his bail plea, Kanda contended Sharma was not able to strike a balance between her personal life and work.
The former minister has also submitted that the suicide note is inadmissible under section 10 of the Indian Evidence Act as it does not constitute dying declaration under the same act.
Claiming that he is a respectable citizen and having properties in Gurgaon, Kanda has said in his plea that there is no likelihood of his absconding or delaying the trial of the case.
23-year-old Sharma was found hanging in her flat in North West Delhi on August 5.
In a suicide note found at her residence, she had said she was ending her life due to harassment by Kanda and MDLR official Aruna Chaddha, co-accused in the case.
On August 8, the Delhi police had arrested Chaddha who is now in police custody while Kanda is yet to join the probe.
Police has issued a look-out notice against Kanda.
Kanda has denied the allegation of abetment against him and has said there is no evidence to establish that he had provoked her to commit suicide.