Delhi HC refuses registration of FIR into staffer’s death by suicide

The Delhi High Court on Wednesday refused to direct at this stage registration of an FIR into the death of a 43-year-old administrative clerk by suicide earlier this month.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said proceedings under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were going on before the executive magistrate into the unfortunate incident, and a report was awaited.

Stating that relief was extended to the family of the deceased according to the law, the bench added, “We immediately swung into action. Nothing is lacking”.

“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,” concluded the court.

Forty-three-year-old Harish Singh Mahar, an ahlmad (administrative clerk), took his life on January 9 by jumping from a building inside the Saket court complex, allegedly due to work pressure. The police are said to have also recovered a suicide note from his possession.

The court was hearing a public interest litigation by Anand Legal Aid Forum Trust seeking an FIR on the incident, as well as directions for filling up the clerical vacancies.

The bench assured that the high court administration was conscious of the situation, and an audit was being conducted to assess the vacancy, occupancy and requirement of clerical staff in district courts in the capital and to also rationalise the distribution of work.

The court said steps would be taken by the authorities based on the audit report.

“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,” it observed.

The counsel for the petitioner submitted that the deceased, a person with disability, was under work pressure, and according to reports, he had sought his transfer four times.

He said more than 3,000 posts of court clerks were vacant.

The court observed that the deceased was promoted to the post of ahlmad in November last year and before that, he “had more strenuous work”.

Informing that the deceased was associated with a fully digitised traffic court, the court remarked, “(to say he was) handling three thousand files attracts public attention, but it is not correct.”