Delhi HC refuses registration of FIR over staffer's death by suicide

New Delhi: The Delhi High Court on Wednesday refused to direct the registration of an FIR over 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 (police to enquire and report on suicide, etc.) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) are going on before an executive magistrate over the unfortunate incident and a report is awaited.

Stating that relief has been extended to the deceased's family, 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," the court concluded.

Harish Singh Mahar (43), 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.

Police are said to have found a suicide note.

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

The petition said Mahar, who was 60 per cent disabled because of his hunched back, desired a less-strenuous posting. Seeking an investigation into the events leading to his death, the petition alleged that the deceased had repeatedly requested for a transfer to a posting with less workload but it was not considered, leading him to end his life due to "office-work pressure".

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

It said steps would be taken by 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," the court observed.

The petitioner's counsel, Abhijit Anand, submitted that the deceased, a differently-abled man, was under work pressure and according to reports, had sought his transfer four times.

He said more than 3,000 posts of court clerks are 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".

Pointing out that the deceased was associated with a fully-digitised traffic court, the court remarked, "(To say he was) handling 3,000 files attracts public attention, but it is not correct."

The petition said Mahar was handling a bulk of clerical and administrative paperwork of a court that had a "very heavy workload" with a pendency of 9,000 cases.