The Supreme Court on Monday reserved its verdict on a plea filed by Abhinav Delkar, son of late Lok Sabha MP Mohan Delkar, challenging the Bombay High Court’s 2022 decision to quash the FIR against nine individuals, including Union Territory Administrator Praful Khoda Patel, for allegedly abetting Delkar’s suicide.
A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran reserved the judgment after extensive arguments by senior advocates Meenakshi Arora, Tushar Mehta (Solicitor General), and Mahesh Jethmalani.
The FIR, initially registered in March 2021, followed the death of Mohan Delkar, a seven-time Member of Parliament from Dadra and Nagar Haveli, who was found dead in a Mumbai hotel room on February 22, 2021. A 30-page suicide note allegedly left by Delkar cited sustained harassment, humiliation, and intimidation, naming multiple bureaucrats and political figures.
Advocate Meenakshi Arora, appearing for Abhinav Delkar, argued that the FIR could not be quashed given the serious allegations and the mental state of the deceased, who, she said, was driven to despair due to public humiliation and loss of reputation. “Look at what he has written to his wife and children. His family name mattered deeply to him,” she submitted.
Chief Justice Gavai observed that the note’s length indicated premeditation. “The person had time to think over and write 30 pages. Can we say it (the suicide) was at the spur of the moment?” he remarked, noting that individual reactions to stress can differ widely.
On behalf of the state government, Solicitor General Tushar Mehta defended the Bombay High Court’s September 2022 order, asserting that the material on record was insufficient to sustain charges under Section 306 of the IPC (abetment of suicide). He pointed to prior judgments, including one authored by CJI Gavai during his tenure at the Bombay High Court, to support the quashing.
Senior advocate Mahesh Jethmalani, representing some of the accused, challenged the credibility of the extortion claim, saying, “There is no specific reference to the alleged extortion of ₹24 crore either in the suicide note or elsewhere in the record.”
The bench, while reserving the verdict, directed all parties to submit written arguments by August 8. It also queried whether certain allegations raised before the Supreme Court were argued before the High Court, suggesting they may not be admissible if raised for the first time now.
The Bombay High Court had quashed the FIR, calling it a case fit for such relief “to prevent abuse of law,” holding that the allegations lacked any “positive act” on part of the accused to justify abetment charges.
Delkar’s death had sent shockwaves through Parliament and civil society, with his family alleging that the accused were attempting to seize control of educational institutions run by him and dissuade him from participating in politics.
The Supreme Court’s final ruling will now determine whether the case against the accused will be revived or remain quashed.
