ABHINAV MOHAN DELKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Whether every allegation or accusation levelled, a reprimand or rebuke made, an insinuation or insult voiced or even continuous acts of ill-treatment, harassment and defamation; as alleged in this case, would lead to a charge of abetment, if the person at the receiving end commits suicide, is a vexed question the Courts are called upon to decide when a charge is raised under Sec. 306 of the Indian Penal Code, 1860 [the 'IPC']. Despite a wealth of precedents, the police still have not come to terms with what constitutes an abetment as envisaged under Sec. 306 read with Sec. 107 of the IPC, now Ss. 108 and 45 of the Bharatiya Nyaya Sanhita, 2023 [the 'BNS']; in pari materia. On a complaint raised, FIRs are registered, investigation carried out and for reason of abject ignorance or on tainted instigation or at times deliberate design, the alleged perpetrator is even taken into custody without examining the existence of mens rea.

(2.) A seven-time Member of Parliament committed suicide on 22/2/2021, leaving behind a suicide note which named persons, both in the administration and the police, who according to him, conspired to defame, degrade and demean him so as to end his political career and bring down his social standing, thus driving him to suicide; which he proclaimed in his last note, was his only option. The accused, the respondents herein;named in the suicide note, filed separate applications to quash the FIR, under Sec. 482 of the Code of Criminal Procedure, 1973 [the 'Cr.PC'], which were allowed by the High Court by a common order, against which the present appeals have been filed.

(3.) Ms. Meenakshi Arora, learned Senior Counsel appearing for the appellant took us through the minutes of the Committee of Privileges in the Lok Sabha which had been looking into the complaints raised, on breach of parliamentary privileges, by the deceased. It is pointed out that the accused were named by the deceased before the Committee and from the various statements made, it is discernible that a concerted effort was underway to diminish his public image and finish off his political life. The statements of the witnesses; read over to us, it is argued would clearly indicate that there was an attempt also of extortion and an attempt of forceful takeover of a college owned and managed by a Trust, formed by the deceased. A conspiracy was hatched to tarnish his political image, especially because he had won as an independent candidate, without any political affiliation, to the Lok Sabha seven times.