Gujarat High Court refuses to quash abetment of suicide case against former BJP District President

Illegally granting loans and torturing borrowers for repayment is on the rise in Gujarat, the Gujarat High Court observed while refusing to quash an abetment of suicide case against a former BJP District President booked after one of the borrowers blamed him for his suicide [Devrajbhai Khodhabhai Sakhiya vs State of Gujarat]..Single-judge Justice Sandeep Bhatt took note of the 'menace' prevailing in Gujarat and voiced concerns about the said practice."It is important to take judicial notice of a serious issue in the society, particularly arising in this particular region of the State, where illegal financial activities by way of charging exorbitant interest rates, also compounded interest, and the snatching away of valuable properties under such duress from indebted individuals are on the rise," the judge observed.This menace must be addressed firmly with iron hand, the single-judge underlined."This Court cannot be a silent spectator when such high-handed activities resulted in to cause for individuals to commit suicides, causing immense hardships and sufferings to members of their families," the Court said.Therefore, the investigating authority should also examine these incidents promptly and must carry out investigation in proper manner in accordance with law, the Court ordered. .The Court was hearing a plea filed by one Devrajbhai Sakhiya, the former president of BJP's Rajkot unit. He had sought quashing of the First Information Report (FIR) lodged against him on July 4, 2017 under charges of abetting the suicide of one Rameshbhai Gamdha who had taken loans from several banks and individuals including the petitioner.As per the facts of the case, the deceased was engaged in business, particularly in the purchase of agricultural products such as cotton and groundnuts from farmers for his ginning and oil industries. Due to certain circumstances, he was unable to repay the amounts owed, especially to the farmers and various banks which led to the farmers filing complaints and representations against him..The Court noted that the petitioner had also lent substantial amounts to the deceased charging interest rates ranging from 36 per cent per annum to 60 per cent per annum."Moreover, it appears that certain land documents or valuable properties were executed in favour of the petitioner, either by the deceased or some of his close relatives. Based on the available evidence, it is evident that there were constant demands for the recovery of these amounts, often accompanied by threats, which took place at the deceased's business premises and residence. Subsequently, the deceased consumed poison, leading to his hospitalisation," the judge noted.The Court further considered the suicide note found during the course of the investigation which made it is clear that the deceased named specific individuals and provided details of the harassment he experienced from these individuals."These details are available on the record of the Investigating Officer. The existence of the suicide note, authored by the deceased, supports the allegations made by the complainant. Prima facie, an offence under section 306 of the IPC is made out," the order said.In view of the same, the Court ruled that the petitioned lacked merit and proceeded to dismiss the same."Contentions raised in the petitions are required to be tested after proper investigation and after submitting final report by the Investigating Officer before the trial court, considering the pendency of the proceedings since the year 2017, let proper investigation be carried out expeditiously and further proceedings shall also be expeditiously proceeded," the Court ordered..Advocates Bharat T Rao, Ashish Dagli and Satyam Chhaya appeared for the petitioners.Advocate Aditya R Parikh represented the complainant.Additional Public Prosecutor Chintan Dave represented the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.