The Delhi High Court set aside summons issued to a former principal of a Delhi University college in connection with the suicide of a female employee. The court found insufficient grounds to continue proceedings against the ex-principal, resulting in the withdrawal of the summons. This decision brings partial closure to a case that had raised concerns about workplace pressures.
New Delhi: The Delhi High Court set aside the summons issued to Dr. G.K. Arora, former principal of B.R. Ambedkar College, University of Delhi, in connection with a suicide case.
A female lab attendant tragically self-immolated at the Delhi Secretariat, later succumbing to her burn injuries. She alleged harassment by Arora and another college employee. On October 29.
Justice Amit Sharma set aside the Tis Hazari Court’s 2014 summons order, stating,
“All the complaints filed by the deceased were closed after due enquiry. These complaints were handled by various statutory bodies not under the immediate control of petitioner no. 1 (G.K. Arora).”
Justice Sharma further noted that the deceased’s suicide note implicated not only the petitioners but also other figures, including the Delhi Chief Minister and the Vice Chancellor of Delhi University. He highlighted that multiple inquiries, including by the National Commission for Women and the B.L. Garg Commission, already examined the incident, and the petitioners had been exonerated.
The High Court noted,
“This Court is of the considered opinion that individuals in certain positions, whether in the private or public sector, must sometimes make decisions that may seem harsh to employees. However, without the requisite mens rea, such actions cannot be deemed incitement or abetment under Section 306 of the IPC.”
Justice Sharma emphasized,
“There cannot be an absolute rule, and each case will depend on its facts and circumstances.”
Petitioners Dr. G.K. Arora and Ravinder Singh sought to quash the 2014 summons order by the Metropolitan Magistrate of Tis Hazari Courts, issued in connection with a case under Section 306 of the IPC.
The case arose after a PCR call on September 30, 2013, reported a woman’s self-immolation outside Gate No.6 of the Delhi Secretariat; she was later admitted to JPN Hospital.
During the investigation, several items from the burn site recovered, including a kerosene oil bottle, a matchbox, and a suicide note dated September 30, 2013. This note addressed to the Commissioner of Police in Delhi and Ms. Sonia Gandhi, the Chairperson of the Delhi Pradesh Congress.
In it, the act of self-immolation attributed to the mental and physical harassment inflicted by GK Arora, the former Principal of B.R. Ambedkar College in Yamuna Vihar, Delhi, along with Ravinder Singh, a Senior Assistant in the Principal’s office, and various aides of Arora.
On October 1, 2013, the Sub-Divisional Magistrate of Kotwali, Darya Ganj, Delhi, recorded statements from the survivor, who detailed her complaints to multiple authorities, linking her suicide attempt to the alleged harassment by the accused.
The deceased ultimately succumbed to her burn injuries on October 7, 2013.
Following the Post-Mortem Report, Section 306 of the IPC was added to the case FIR, and the investigation proceeded. A closure report was later submitted to the court, which indicated a lack of sufficient evidence, leading to the inclusion of the petitioners in column no. 12 (Suspect).
The deceased’s husband subsequently filed a protest petition challenging the findings of the closure report in front of the Metropolitan Magistrate at Tis Hazari Courts, Delhi. On September 17, 2014, the Learned Magistrate reviewed both the closure report and the protest petition, determining that there was prima facie sufficient evidence to summon GK Arora and Ravinder Singh.