Supreme Court upholds quashing of suicide abetment case over death of MP Mohan Delkar

The Supreme Court on Monday refused to restore a suicide abetment case filed following the death of Member of Parliament (MP) Mohan Delkar [Abhinav Mohan Delkar v. The State of Maharashtra and ors.]

A Bench of Chief Justice of India (CJI) BR Gavai and Justices Vinod Chandran and NV Anjaria confirmed a Bombay High Court ruling that had quashed the first information report (FIR) against nine persons accused of driving the parliamentarian to take his own life.

The accused included Praful Patel, Administrator of the Union Territories of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.

Mohan Delkar, a seven-time MP from Dadra and Nagar Haveli who had contested as an independent candidate in the 2019 Lok Sabha elections, was found dead inside a hotel room in Mumbai on February 22, 2021. A 14-page suicide note recovered from the room alleged that he had taken the step due to political pressure.

The FIR registered at Marine Drive police station invoked offences under Sections 306 (abetment of suicide), 506 (criminal intimidation) and 389 (putting person in fear of accusation of offence) of the Indian Penal Code.

It alleged that Delkar faced harassment from the Union Territory administration, purportedly at the behest of Administrator Praful Patel.

The plea before the top court, on which judgment was passed today, was filed by Abhinav Delkar, son Mohan Delkar.

Abhinav Delkar challenged the Bombay High Court order quashing the FIR against nine persons, including Praful Patel, Administrator of the Union Territories of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.

While hearing the appeal, the Supreme Court had earlier expressed doubts on whether the material on record against the accused could make them liable for suicide abetment under Section 306.

CJI Gavai had remarked that humiliation alone may not amount to instigation to commit suicide. The Bench had also observed that even if someone was told to “go and die,” and suicide followed within 48 hours, Section 306 may not be attracted.