Today, On 4th August, The Supreme Court has reserved its verdict on a plea challenging the quashing of the FIR against UT Administrator Praful Khoda Patel and others, accused of abetting the 2021 suicide of ex-MP Mohan Delkar.
New Delhi: The Supreme Court reserved its ruling on a plea challenging the order that dismissed the FIR against nine individuals, including Praful Khoda Patel, the Administrator of the Union Territories of Dadra and Nagar Haveli, Daman and Diu.
They were accused of allegedly abetting the suicide of former Lok Sabha MP Mohan Delkar in 2021.
The Bombay High Court had quashed the case against the nine individuals on September 8, 2022.
A bench led by Chief Justice B R Gavai and Justice K Vinod Chandran reserved its verdict on Monday after hearing arguments from senior advocate Meenakshi Arora, representing Abhinav Delkar, the son of the deceased MP, Solicitor General Tushar Mehta for the state government, and senior lawyer Mahesh Jethmalani on behalf of some accused.
During the proceedings, the bench engaged in an in-depth discussion regarding whether the evidence, including a 30-page suicide note from the late MP, could substantiate charges under Section 306 of the IPC (abetment of suicide).
The Chief Justice questioned,
“The person had time to think over and write 30 pages. Can we say it (the suicide) was at the spur of the moment?”
He noted that individual reactions to stress or harassment vary significantly.
The CJI added,
“Someone who is sensitive may commit suicide, while someone with a hard heart may not,”
Arora argued that Delkar’s mental state at the time of his death stemmed from a profound sense of public humiliation, emphasizing,
“He was distressed because he believed his public image had been destroyed. Look at what he has written to his wife and children…his family name mattered deeply to him.”
Mehta contended that the law remains constant despite evolving narratives, asserting that the high court’s decision to dismiss the FIR was justified based on the evidence. He referenced precedents, including one authored by CJI Gavai during his time at the Bombay High Court.
Mahesh Jethmalani, representing some of the accused, stated,
“There is no specific reference to the alleged extortion of Rs 24 crore either in the suicide note or elsewhere in the record. The claim does not stand scrutiny.”
The bench remarked that if the extortion allegations were not presented in the high court, they might not be permissible now.
The CJI inquired,
“Was this argument made before the high court?”
While reserving the verdict, the bench instructed the lawyers to submit their written arguments by August 8. On September 8, 2022, the high court ruled that it was appropriate to quash the FIR to “prevent abuse of law” against the accused.
It noted that the contents of the FIR and references to the incident were insufficient to demonstrate any “positive act” by the accused that would lead to Delkar’s suicide.
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Delkar, 58, a seven-term MP from Dadra and Nagar Haveli, was found dead in a hotel room in Marine Drive, south Mumbai, on February 22, 2021. Patel and eight others were charged by the Mumbai police in March 2021 for allegedly abetting Delkar’s suicide and criminally intimidating him, following a complaint from his son, Abhinav.
The late MP was said to have taken his own life due to harassment from the accused, who sought control over the educational institutions he operated and attempted to dissuade him from running for election.
The accused subsequently approached the high court last year to have the FIR dismissed, claiming they were falsely implicated.