The Delhi High Court on Wednesday refused to order, at this stage, the registration of an FIR in connection with the death by suicide of a 43-year-old administrative clerk at the Saket court complex, noting that proceedings under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) are already underway before the executive magistrate.
A division bench of Chief Justice D K Upadhyaya and Justice Tejas Karia was hearing a public interest litigation (PIL) filed by the Anand Legal Aid Forum Trust, seeking directions for an FIR into the death of Harish Singh Mahar and for expeditious recruitment to vacant clerical posts across Delhi’s district judiciary.
Mahar, an ahlmad (administrative clerk), allegedly died by suicide on January 9 after jumping from a building inside the Saket court premises. A suicide note was reportedly recovered, and the petitioners claimed the death resulted from sustained work pressure. They also said Mahar had sought transfer multiple times and was a person with disability.
The bench said the incident was “most unfortunate,” but noted that statutory proceedings were already underway. “We immediately swung into action. Nothing is lacking,” the court remarked, adding that the family of the deceased has been extended all relief as per the law.
“Accordingly, further action warranted under the law would depend on the outcome of the proceedings. We do not find at this juncture (a reason) to issue a direction for lodging an FIR,” the court held.
It also addressed the petitioners’ submission that over 3,000 clerical posts were lying vacant in Delhi’s subordinate courts, contributing to increased workload and stress for staff members.
The bench said that an administrative audit was being conducted by the high court to assess staff strength, requirements, and rationalisation of work distribution across district courts.
“We have no doubt in our mind that a course of action shall be evolved within the shortest span of time and adequate steps will be taken to fill up the vacancies at the earliest,” the court observed.
Responding to claims that the deceased was overburdened and had been handling nearly 3,000 case files, the court said the assertion was inaccurate and appeared to be made to sensationalise the issue.
The bench noted that Mahar had been promoted to ahlmad only in November 2023, and prior to that, he was handling a more strenuous profile. It also clarified that he was working in a fully digitised traffic court, where the nature of file handling was different from conventional physical records.
The matter will now proceed based on the executive magistrate’s report, following which the court may consider further action, if required.
