The Bombay High Court has put an end to a contentious case involving allegations of abetment of suicide against a judicial officer, citing a lack of substantial evidence to support the charges.
The case centered on the tragic death of Bhupal Ramu Mali, a resident of Miraj, Maharashtra, in June 2016. Mali’s suicide, linked to a longstanding property dispute, resulted in accusations against judicial officer Nasirhusen Mohiddin Jamadar and his brother. Suicide notes suggested their actions contributed to Mali’s emotional distress.
However, the Court, led by Justices Bharati Dangre and Manjusha Deshpande, deemed the accusations speculative and unsupported by the material evidence. “The statements implicating the applicant are too far-fetched and fail to establish any instigation or incitement,” the bench noted.
The dispute began in 2010 when Jamadar’s brother purchased an undivided share of contested land with the consent of co-sharers. Legal possession was granted to the brother in 2016, escalating tensions with Mali, who claimed rights to the property.
Mali’s frustrations over the dispute were reportedly voiced to witnesses and documented in his notes, but the Court highlighted that Jamadar himself had no direct role in the transaction. Serving as a judge in Nagpur during the relevant period, Jamadar had distanced himself from the matter, making the allegations against him tenuous at best.
The Court emphasized that proving abetment of suicide under Section 306 of the Indian Penal Code requires clear evidence of intent and an active role in provoking the act. “Clear mens rea is necessary, along with actions leaving the deceased with no other option,” the ruling stated, finding the case fell short of meeting these criteria.
Reaffirming the importance of protecting individual liberty, the bench invoked its inherent powers under Section 482 of the Criminal Procedure Code to quash the FIR.
This decision underscores the judiciary’s commitment to safeguarding constitutional values while ensuring allegations are substantiated by credible evidence.
