Wednesday, 14 June 2017

What amounts to abetment to commit suicide?(remote mental pressure)

“Whether a direct/remote mental pressure associated with
serious criminal intimidation be treated as an abetment to commit
suicide? When and why a person commits suicide?
 Mr. Basu in his usual eloquence made an erudite submission that
sometimes in a society which consists of different communities, norms,
practices and even prejudices entertained by the members of a community
largely control their social attitude. Such attitude may not be commendableor accepted by the other communities, yet practices/prejudices continue the
signature tune in the life of particular community.
35. I find there is no reason to differ with his views about the social
customs, usage and mind set of different communities. But the menace of
the custom should be axed. It would not be prudent to allow that mind set,
which has a detrimental effect, to go on. Now, we are in 21st Century and
not in 18th Century, when “Sati daha” system was prevalent. Our social
reformers like Raja Rammohon Roy, & others rose to the occasion and as a
result, “Satidaha” system was abolished and at the instance of Vidyasagar,
Hindu Widow’s remarriage had seen the light of the day. Simply that
custom was there so it may be seen from that angle is not an acceptable
argument. It is true that a decade ago “Sati daha” (Roop Kanowar) took
place and recently “Khap Panchayat” came to the news. These are mere
exceptions. Indian culture does not permit it.
36. A poor Muslim boy, who is educated enough, fell in love with
Hindu girl and married legally to which that adult Hindu girl had full
consent. They led their conjugal life for some days. The parents-in-law,
who are business magnets, raised stiff opposition. They knew that they
could not dissolve the marital tie legally. So, they have taken the help of
Lalbazar i.e. High Officials of Calcutta Police Headquarter. Only by
encashing their business charisma, they got full support of the highly placed
top brass police officials and negotiated the issues so that the parents could
get back their daughter. Days together, there were meetings after meetings.
When the father and uncle failed to convince Priyanka to come back, they
took the help of police officer again. They have taken the plea that thefather of the girl was ailing and he desired to meet his daughter. On that
pretext, after giving an undertaking by one of the relations, (Anil Saraogi)
Priyanka was taken back to her parents’ house on the ground of seeing her
ailing parents. Curiously enough, within two days, so-called ailing father
took Priyanka to Tirupati so that the victim Rizwanur could not keep any
contact with Priyanka. It is anybody’s guess, as to what type of serious
illness the father of Priyanka had.
37. When and why a person commits suicide? It depends on the mind
set of an individual. In similar circumstances, one may not commit suicide
but other does. But it is axiomatic truth that out of pleasure and joy nobody
commits suicide. Nobody commits suicide when he passes through his own
normal life. People take such stern decisions under certain circumstances.
No prediction is possible. Psycho-analysists and researchers of this field
have identified some factors, which drives a person to commit suicide.
38. These factors are sense of unbearable psychological pain, a sense
of isolation from others and a perception that death is the only solution,
when the said individual is temporarily unable to think candidly being
blinded by overwhelming pain. The researchers pointed out that negative
emotions, shame, anger, fear, sense of guilt and extreme sadness may be
the foundation for self-destructive behaviour.
39. There are many other prime factors such as recent extreme
stresses, social pressure, chronic pain, physical disease, social stigma, any
kind of trauma of permanent nature and severe depression, which are
considered as one of the reasons of suicide.40. More often than not suicide stems from blocked or unfulfilled
psychological needs. This tends to be what causes the pain that the suicidal
act seeks to end. A pervasive sense of hopelessness, defined in terms of
pessimistic expectations about the future, is even more important than
other form of negative emotions, such as anger and depression, in predicting
suicidal behaviour. In such a situation, the person who commits suicide is
fully convinced that nothing can be done to improve his situation.
Sometimes some people contemplate suicide. They have ambivalent feelings
about this decision. Therefore, the suicide provides a distinctive way to
escape from intolerable circumstances, which includes painful selfawareness.
The cessation can be visualized as offering a solution to life’s
41. A person’s mind and body may react to trauma over a period time,
perhaps days, weeks or months so the people suffering from a trauma react
in different ways, suicide is the result of ‘psychotic’. An unbearable
psychological pain arising largely from frustrated psychological needs. It is
said there is a great deal of psychological pain in the world without suicide
but there is no suicide without a great deal of psychological pain.
42. In this instant case from the day of getting the news of marriage of
Priyanka with Rizwanur, the parents and relations of Priyanka tried tooth
and nail to dissolve the marriage. Initially they persuaded but failed.
Thereafter, offered bribe by placing a blank cheque. Again Rizwanur and
Priyanka refused. The parents took the help of police personnels of high
rank. This also initially did not click. Being induced by the parents, top
brass police officials began to threat Rizwanur to arrest on the ground ofabduction. At the behest of police an agreement was entered into by which
Priyanka was taken back to her parents’ house of seven days. She was
supposed to come back on 15.09.2007/16.09.2007. But she did not come
back. She was not kept in West Bengal. She was taken to Tirupati, Rizwanur
could not contact with his wife. Priyanka however made contact through
other’s phone on conference. Why conference call? When Priyanaka has cell
phone of her own. This indicates Priyanka’s mobile was not with Priyanka.
Conference call was there so that another person could hear their
conversation. Human Rights Commission was informed. A human right
organisation (APDR) also interfered. The victim was contemplating to take
legal action and out of fear he even could not remain in his house. He had to
take shelter in the house of his friends. During that period he could not
keep contact with his lady love. All these factors appear from the statement
recorded under Section 161 Cr.P.C. This apart, a huge money was given to
Pappu by Todi at ITC Sonar Hotel. Priyanka also corroborated that her
parents, relations and police personnels, constantly persuaded as well as
threatened Rizwanur for entangling him in a criminal case.
43. If one considers these facts, then it can be prima facie held such
activities are the clear indications to put Rizwanur in extreme depressed
condition. He could not fight with his parents’ in law, who are moneyed
men. Police did not give him any assistance rather they were hostile. Local
M.L.A. also turned hostile. Therefore, he had faced hindrances from four P’s
i.e. ‘Power of money’ (of Todi’s) ‘Police’, ‘Politician’, and ‘Poverty’, (his own).
He had no ventilator in his life, from where he could get oxygen to breathe.
These are the surrounding circumstances as appeared from the
investigation. Therefore, it appears prima facie that creation of suchsituation is the cause of suicide. Such acts as described above are prima
facie the glaring examples of instigation and incitement.
44. Therefore, if we consider the cumulative effect of mental pressure put by
the accused persons associated with criminal intimidation and the factors
(as mentioned above) which leads person to commit suicide are taken
together then it prima facie comes within the purview of ‘abetment’.
45. In the words of Bertrand Russel ‘To feel tragedy, a man must be aware of
the world in which he lives, not only with his mind but with his blood and
sinews. ‘(Conquest of happiness)’. The victim’s note discloses all these

C.R.R. No. 1396 of 2011
(Ahok Kr. Todi vs. C.B.I.)

Present : Justice Siddhartha Chattopadhyay

Judgment Delivered On : 12.06.2017.

Read full judgment here: Click here
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