New Delhi [India], October 30 : The Delhi High Court has set aside the summons issued to Dr G K Arora, the former principal of B R Ambedkar College of the University of Delhi in a suicide case. A female lab attendant had self-immolated at the Delhi Secretariat. Later on, she succumbed to burn injuries. She had levelled allegations of harassment against Arora and another employee of the college.
Justice Amit Sharma set aside the order of summons issued by Tis Hazari court.
"Accordingly, the summoning order dated 17.09.2014 passed by the Learned Metropolitan Magistrate, Tis Hazari Courts is set aside," Justice Amit Sharma ordered on October 29.
Justice Amit Sharma said, " All the complaints filed by the deceased were closed after due enquiry. The said complaints were dealt with by different statutory bodies which were not under the immediate control of petitioner no. 1 (G K Arora).
"The grievance of the deceased in the suicide note was just not against the present petitioners but also other persons mentioned therein. The said note even blamed the Hon'ble Chief Minister, Delhi as well as
Vice Chancellor of Delhi University. The incident of attempted suicide has already been enquired into by the Enquiry Committee constituted by the National Commission for Women and B.L. Garg Commission apart from the present chargesheet in which the petitioners stand exonerated," Justice Sharma held.
The High Court opined, "This Court is of the considered opinion that person holding a certain post, whether in private sector or public sector, in the course of duties have to take certain decisions which at times can be harsh causing hardship to an employee.
"The same cannot, in the absence of the requisite mens rea, be termed as an action which would amount to incitement/abetment in terms of Section 306 of the IPC. There cannot be an absolute rule and each case will depend on its facts and circumstance," Justice Sharma observed.
The petitioners Dr G K Arora and Ravinder Singh sought an order for quashing the summoning order of 17.09.2014 passed by the Metropolitan Magistrate, Tis Hazari Courts, summoning the petitioners in a case under Section 306 of the Indian Penal Code, registered at PS IP Estate.
On 30.09.2013, a PCR call was received at PS IP Estate concerning the self-immolation of a lady in front of Gate No.6 of the Delhi Secretariat, who was taken to JPN Hospital.
During the investigation, inter alia exhibits of the burn site including a kerosine oil bottle, matchbox, and a suicide note dated 30.09.2013 addressed to the Commissioner of Police, Delhi and Ms Sonia Gandhi, the Chairperson of Delhi Pradesh Congress also recovered, wherein the act of self-immolation was attributed to the mental and physical harassment meted out by GK Arora, former Principal of B.R. Ambedkar College, Yamuna Vihar, Delhi and one Ravinder Singh, Senior Assistant looking after the work in Principal's office at BRAC, and mental harassment by various aides of Arora.
On 01.10.2013, Sub-Divisional Magistrate, Kotwali, Darya Ganj, Delhi recorded separate statements of the Survivor, wherein she had narrated her complaints to various authorities and attributed the cause of her attempt to suicide by self-immolation to be the alleged harassment by the petitioners.
The deceased succumbed to her burn injuries on 07.10.2013 and thereafter, based on the Post-Mortem Report, Section 306 of the IPC was added to the aforementioned case FIR and an investigation was taken up.
Thereafter, a closure report was filed before the court and for lack of sufficient evidence, the petitioners were kept in column no. 12 (Suspect).
The Husband of the deceased, thereafter, filed a protest petition challenging the findings in the aforesaid report before the Metropolitan Magistrate, Tis Hazari Courts, Delhi.
On 17.09.2014, by way of order, the Learned MM after considering both the closure report and the protest petition, summoned G K Arora and Ravinder Singh by observing that there is prima facie sufficient material to summon them.