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Wednesday, December 02, 2020

Court sets aside summons to Gopal Kanda, his aide in abetment to suicide case

Kanda’s lawyer R S Malik had filed a revision petition before Additional Sessions Judge Kiran Gupta praying to set aside the summoning order.

Written by Anand Mohan J | New Delhi | Updated: October 27, 2020 5:43:34 am
Gopal Kanda

A magistrate’s order summoning Haryana MLA Gopal Goyal Kanda and his aide Aruna Chadha in connection with the alleged abetment of suicide of a woman has been set aside by a Delhi court, which observed that in the entire record file there is “not even a single complaint or report regarding any threats extended by the petitioners”.

The woman’s daughter was a former airhostess with Kanda’s now defunct MDLR airlines and had committed suicide in 2012. In her suicide note, she had named Kanda and Chadha. The woman too committed suicide six months later and left behind a suicide note, also blaming the MLA and his aide for her death.

On March 18, 2019, an Additional Chief Metropolitan Magistrate summoned Kanda and Chadha after taking cognizance under IPC section 306 and 34. This order was passed after the woman’s husband appeared in court and verbally stated that his wife committed suicide due to “harassment and torture meted out to her” at the behest of Kanda and Chadha.

Kanda’s lawyer R S Malik had filed a revision petition before Additional Sessions Judge Kiran Gupta praying to set aside the summoning order. The state prosecutor opposed this, saying there was no illegality in the ACMM’s summoning order.

ASJ Gupta went through the Section 161 CrPC statements of the woman’s husband and her son to observe that they have “not levelled even a single allegation of abetment/instigation” against the petitioners.

In its order passed on Monday, the court said, “In the entire record file, there is not even a single complaint or report regarding any threats extended by petitioners or any person on their behalf. Even from CDR of deceased, nothing has been found that she was receiving calls or was threatened by petitioners or any person on their behalf. The present one is not a case where accused/petitioners had by their acts or omission, or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred.”

It also stated the ACMM had taken cognizance of the case based on oral submissions made for the first time by the husband after lapse of significant period of time from the date of incident.

ASJ Gupta, discussing the woman’s suicide note, observed, “The picture which emerges from a cumulative reading and assessment of these two suicide notes is this. Presumably because of death of her daughter, who allegedly committed suicide due to certain acts of petitioners, caused distress and the deceased felt disappointed, frustrated and depressed. She was overtaken by a feeling of shortcoming, which she attributed to herself. She was overcome by a forceful feeling generating within her that her death would only bring justice to the death by suicide of her daughter…”

Kanda and Chadha are facing trial for abetment to suicide in the airhostess case.

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