Delhi High Court - Orders
Amarjit Sawhney vs Union Of India And Ors on 11 December, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2073/2020 & CRL.M.A. 17222/2020 & CRL.M.A.
17223/2020
AMARJIT SAWHNEY ..... Petitioner
Through: Mr Raj Kamal, Mr Kartavya Batra,
and Mr Navdeep Mata, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms Kamna Vohra, ASC for State.
Mr Ripudaman Bhardwaj, CGSC with
Mr Kushagra Kumar, Advocates for
R-1 and R-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 11.12.2020 [Hearing held through videoconferencing]
1. The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent nos.1 and 2 (Union of India) to grant sanction for conducting an investigation/inquiry and prosecuting respondent nos.5 and 6, in terms of Section 188 of Code of Criminal Procedure (Cr.PC) read with Section 4 of the Indian Penal Code (IPC), for committing an offence punishable under Section 306/120B of IPC. In addition, the petitioner also prays that directions be issued to respondent no.3 for registering an FIR against respondent nos. 5 and 6 for commission of an offence of criminal conspiracy and abetment to suicide by his son, Gurneet Signature Not Verified digitally signed by:DUSHYANT RAWAL Sawhney (hereafter also referred to as „the Deceased‟).
2. The Deceased, who was about 33 years of age, had committed suicide on 12.09.2017 at Burnside Heights, Australia, by pouring petrol on himself and lighting himself on fire.
3. The petitioner alleges that his son was subjected to mental and physical cruelty by his wife (respondent no.5) and his father -in- law (respondent no.6). He claims that respondent nos.5 and 6 had instigated and incited the petitioner‟s son to end his life.
4. The Deceased was an Australian citizen and was a permanent resident of Australia. Since he was of Indian origin, he held an Overseas Citizen of India (OCI) Card. The wife of the Deceased (respondent no.5) is an Indian citizen although at the material time she had a status of a permanent resident of Australia by virtue of her marriage to the Deceased. She continues to be a citizen of India. Respondent no.6 (the father of respondent no.5) is an Indian citizen and a permanent resident of New Delhi. Although the incident was investigated by the Australian Authorities, the petitioner claims that the investigation was lackadaisical and had failed to address certain material aspects that according to the petitioner clearly indicated that his son had been pushed by respondent nos.5 and 6 to commit suicide.
5. The allegations made by the petitioner are principally founded on the essentially, two grounds. First that the petitioner‟s deceased son had left a suicide note stating: "My wife Annie and his Father Ass Hold Baljeet Singh Vohra is responsible for my suicide". And second, that the petitioner had changed the nomination to his Australian Super (a retirement income Signature Not Verified digitally signed by:DUSHYANT RAWAL account) on the date on which he committed suicide. Prior to that date both his wife (respondent no.5) and the petitioner were beneficiaries of the same in equal proportion. However, petitioner states that earlier on that date, his son had changed his nomination instructions by removing his wife as a nominee and nominating the petitioner as a 100% beneficiary of the said account. The petitioner claims that the change in the nomination was because the petitioner‟s son was miserable with his wife and, therefore, did not wanted to be a nominee. He states that the said change in nomination had also resulted in respondent nos.5 and 6 further tormenting him and the same had pushed the petitioner to take the drastic step.
6. The petitioner had been regularly corresponding with the Australian Authorities and the correspondence placed on record also indicates that in addition to the above, the petitioner had also alleged that respondent no.5 was having an extra marital affair and that was one of the reasons why his son had taken the drastic step.
7. Inquest proceedings were conducted in Australia. The coronial brief submitted by the Police Melton Crime Investigation Unit to the Coroners Court of Victoria, Melbourne indicates that investigation was conducted and it was determined that the petitioner‟s son had committed suicide. The said brief indicates that in January 2017, he had visited one doctor (Dr. Ali Ziabari) with symptoms of depression. The same was attributed to pressure of work and family responsibilities. The relationship between petitioner‟s son and his wife (respondent no.5) had deteriorated significantly. The petitioner‟s wife (respondent no.5) had left for India on 20.05.2017 and his wife had reported that she had noticed changes in his behavior. It was stated Signature Not Verified digitally signed by:DUSHYANT RAWAL that he became very desperate to see his children and he would make his wife wake them up when he called.
8. The said brief indicates that on 24.07.2017, the deceased visited Dr. Ziabari in a distressed state. He stated that he was using amphetamines (ICE) on a daily basis and he had been doing so for the past three months. He told the doctor that his wife and his children were in India and he wanted to fix the problem before they got back to Australia. An appointment was fixed for the Deceased to attend at The North and West Metro Alcohol and other Drugs.
9. The Deceased visited Dr. Ziabari once again on 03.08.2017 and he informed him that he had been clinically treated and was cleaned ICE use for the past four days. He was advised by The North and West Metro Alcohol and other Drugs to attend his doctors and obtain some medication for his depression. The report indicates that he was prescribed Pristiq 50mg.
10. Respondent No.5 returned to Australia on 21.08.2017. She stated that the Deceased had revealed to her that he had been using ICE since just before she left for India. She stated that on 29.08.2017, the Deceased and her fought regarding her returning back to work. She stated that he left the house and had contacted her brother with a request to borrow $110 or $120. She stated that the money was left in the letterbox for collection. The Deceased did not return back that night. She further claimed that she contacted one of his friends who told her that the Deceased was having suicidal thoughts. Respondent No.5 requested his friend to report that the Deceased was missing as she had no credit on her phone.
Signature Not Verified digitally signed by:DUSHYANT RAWAL11. The report further indicates that thereafter the police spoke to Respondent No.5. They also attempted to call the deceased but he would not pick up the phone. He was finally contacted on facebook messenger and he informed that he was fine and did not want to harm himself. He returned back home in the afternoon of 30.08.2017. Respondent no.5 stated that when he returned home, he was acting strange and had stated that he won $990 and he had also stated that he had slept in the car.
12. Respondent no.5 further stated that when she was in India, the deceased had applied for GO Master Card in her name. She had received the card on 30.08.2017. Respondent no.5 also stated that on 30.08.2017, she and the deceased had argued and she had suggested that they get separated.
13. It was reported that the deceased had also informed his workplace about his drug use and had given time off. He returned to work on 04.09.2017. The deceased also informed respondent no.5 that he was tested for drugs at the work place and it was found negative. On 08.09.2017, the deceased was late from work. Respondent No.5 stated that on inquiries he told her that he was with the friend whom she did not know. He kept asking for her password to a computer which she declined to give. She stated that the deceased had not returned home that night and she called the police. Respondent no.5 also called GO Master Card and was informed that $2000 was withdrawn on the card on 07.09.2017 and further $1200 was withdrawn on 08.09.2017. Respondent no.5 also stated that there were some jewellery missing. Respondent no.5 had called the Caroline Springs Police Station and had spoken to a Senior Constable one Shaye Sidon and requested for help. The said Constable provided her with the support phone number.
Signature Not Verified digitally signed by:DUSHYANT RAWAL14. In the afternoon on 09.09.2017, respondent no.5 got a call from a Gurudwara in Albury. She was told that the deceased was there and was under influence of drugs. Respondent no.5 stated that deceased returned home that night and she had a lengthy discussion around the relationship.
15. Respondent no.5 stated that the Deceased had left her car with one woman named Lisa who had not returned it back. On 11.09.2017, the Deceased did not go to work. He went to the police station to report his vehicle as stolen. On the next date, that is, on 12.09.2017, the Deceased stayed at home and did not go to work. Respondent no.5 stated that she and the Deceased had an argument about the relationship and regarding his taking drugs. The Deceased left her house in the afternoon. He returned back at about 03:00 to 03.30 p.m. and took a bottle of whisky and went to drink with his neighbour one Ivan Pavelsin.
16. Respondent no.5 stated that she and the children took a nap in the rear bedroom. While they were sleep, at some point the Deceased had returned home and he too went to sleep. Respondent no.5 stated that at about 07.15 p.m., she was in the kitchen and cleaning the mess made by one of her children. While she was scolding the said child for making the mess and the Deceased came into the kitchen and told her that if she was going to scold him, he would hit her. Respondent no.5 claims that she responded by saying that if he wanted to hit her, he should come over and hit her. She claimed that the petitioner smelt of alcohol. He came over and grabbed her by the hair and slapped her on the face. She fell down. She stated that she got up and pushed her away and told him that she was going to call the police and send him to jail. The deceased replied by stating "you are going to do that, Signature Not Verified digitally signed by:DUSHYANT RAWAL you're really going to do that". Respondent no.5 stated that the deceased then moved into the garage and she moved into the children‟s playroom and spoke to the police. While she was still on the phone, she went out looking for the Deceased. He was standing in the garage with a red petrol can in his hand and he was pouring the same on himself. The children were standing next to the door that led into the backyard. The Deceased then moved towards the door to the backyard and asked respondent no.5 to take the children away. Respondent no.5 also moved towards the deceased but he went into the backyard and igniting himself with a cigarette lighter. He was immediately engulfed in flames. He ran further away into the yard and fell on his stomach where he lay on fire. Respondent no.5 became hysterical and knocked on the doors of the neighbours requesting for assistance. She collected a blanket and attempted to put out the fire. She also beseeched others to save her husband.
17. The report also records that there was a prior history of the family violence. An incident had taken place in March 2016. The Deceased had been drinking at a party and had returned home and had a verbal argument with respondent no.5 and had also assaulted her. Thereafter, he locked respondent no.5 out of the house. At the material time she was three months pregnant. The police had attended and the Deceased was directed to the police station where he was issued a Family Violence Safety Notice. On 30.03.2016, Sunshine Magistrate Court had issued a limited intervention order for a period of one year. The conditions of the said order were that the Deceased would not commit family violence and not damage any property intentionally. The Deceased was also directed to contact Men‟s Referable Signature Not Verified digitally signed by:DUSHYANT RAWAL Service and South Asian Men‟s Behaviour Change Program. No breach of the said order was reported. In March 2016, the deceased had also visited Dr. Ali Ziabari from Medical One Sunshine seeking assistance with an alcohol abuse problem.
18. As is apparent, from the brief submitted to the Corners Court that extensive investigation was conducted to ascertain the facts. The Coroners Court in Australia did not find any evidence that any person was directly involved in the death of the Deceased and found that the circumstances clearly indicated that the Deceased had taken his own life.
19. The suicide note was also duly taken into account. In fact, the copy of the suicide note had been forwarded by the Australian Police to the petitioner. The suicide note had been washed away by the petrol poured over it. However, the impression on the paper was visible. It is also seen from the correspondence that the petitioner has pursued the matter with the Australian Police. However, they had found that there was no evidence that respondent no.5 had incited the Deceased to commit suicide or had assisted him in any manner.
20. There is no material on record which would lead this Court to doubt the conclusion of the Australian Authorities. Although the deceased had left a suicide note indicating that his wife and his father-in-law (respondent nos. 5 and 6) were responsible for his death, it is clear that the same had been investigated and no evidence was found that they had either incited or assisted him in committing suicide.
21. In view of the above, this Court is not persuaded to accept that the Signature Not Verified digitally signed by:DUSHYANT RAWAL present case warrants any further proceedings in India.
22. The petition is, accordingly, dismissed. All pending applications are also disposed of.
VIBHU BAKHRU, J DECEMBER 11, 2020 RK Signature Not Verified digitally signed by:DUSHYANT RAWAL