In a significant ruling, the Delhi High Court has quashed the summons issued against a former principal of B R Ambedkar College, Delhi University, and a senior assistant implicated in an abetment to suicide case dating back to 2013. Justice Amit Sharma ruled that mere tough decision-making in an official capacity does not constitute abetment of suicide in the absence of criminal intent.
The case originated from the tragic death of a former female staff member of the college who died from burn injuries after self-immolating in front of the Delhi Secretariat. The summons followed a purported suicide note that blamed her severe mental and physical distress on actions taken by the college officials.
The High Court’s decision comes after the former principal and the senior assistant appealed a 2014 trial court order that had summoned them to face charges in connection with the staffer’s death. Justice Sharma noted, “A person holding a certain post, whether in a private or public sector, in the course of duties, has to take certain decisions which at times can be harsh, causing hardship to an employee.”
The court emphasized that without the requisite mens rea, or criminal intent, such actions do not meet the legal standards for incitement or abetment under Section 306 of the Indian Penal Code (IPC). The ruling stressed the importance of context and facts specific to each case in determining the presence of abetment.
During the proceedings, it was revealed that the complaints lodged by the deceased against the college officials had been thoroughly investigated by various authorities and were eventually dismissed after inquiries showed no substantial evidence of wrongful conduct.
“The deceased’s service was terminated on March 13, 2012, and the date of the attempted suicide was on September 30, 2013, but there is nothing on record to demonstrate that the petitioners were in contact, in any manner, with the deceased post her termination and immediately before the attempted suicide,” the court observed.
Furthermore, the High Court recognized that the complaints had been managed by statutory bodies outside the immediate control of the implicated college principal and that the suicide note also mentioned grievances against other higher authorities, including the then chief minister of Delhi and the vice-chancellor of Delhi University.