Supreme Court hears the plea by son of former parliamentarian Mohan Delkar and a complainant in the abetment to suicide case of his father, Abhinav Delkar assailing the Bombay High Court ruling to quash the FIR against nine accused including Praful Patel, administrator of Union Territory of Dadra and Nagar Haveli, Diu and Daman, and Lakshadweep 'to prevent abuse of law'
Sr Adv Meenakshi Arora appears for the petitioner
Sr Adv Meenakshi Arora appears for the petitioner
Arora: He says the deputy collector and the administrator misbehaved..
CJI: show us who.. where is it mentioned
Arora: I will show.. this is the humiliation.. it's there in his suicide note also
CJI: show us who.. where is it mentioned
Arora: I will show.. this is the humiliation.. it's there in his suicide note also
CJI: but can this humiliation be said to compel leading to suicide. If a lawyer is humiliated by judge saying your client has chosen an idiot person to represent him or that the lawyer is stupid and does not know anything..then after 3 days he commits suicide. Will the judge be held responsible under section 306 IPC. In Bombay HC I have quashed so many such cases.
CJI: So if he is not invited by DM and invited by Tehsildar it is sufficient for abetment to suicide?
Arora: there was continuous humiliation..see the suicide note once.
Arora: there was continuous humiliation..see the suicide note once.
CJI: you are heavily relying on deposition statement...
Arora: he says he was tortured..mentally. he complained to privileges committee also. He said he also complained to PM, Home minister and the speaker also. He says that administrator praful patel was merciless .. patel had called kaushal patel and said that he will soon kill Delkar
CJI: where is the complaint against Praful patel? Question is not so complicated that you cannot answer in yes or no.
Arora: he says he was tortured..mentally. he complained to privileges committee also. He said he also complained to PM, Home minister and the speaker also. He says that administrator praful patel was merciless .. patel had called kaushal patel and said that he will soon kill Delkar
CJI: where is the complaint against Praful patel? Question is not so complicated that you cannot answer in yes or no.
CJI: it has been held that if you are told to go and die and even in 48 hours if suicide is there...section 306 is not attracted.
SG Tushar Mehta : I am for Maharashtra..he seems to be a man of hypersensitivity.. he had said that he was affected when he was not referred to as Honourable.
Arora: Now the state has changed stance. They can .. they have prerogative. State had supported us in the High court.
CJI: List on Wed.
Sr Adv Mahesh Jethmalani: no name was before the privilege committee.. I appear for the administrator.
Arora: Now the state has changed stance. They can .. they have prerogative. State had supported us in the High court.
CJI: List on Wed.
Sr Adv Mahesh Jethmalani: no name was before the privilege committee.. I appear for the administrator.
Case to resume on August 5 after miscellaneous matters.
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