Late MP Mohan Delkar's son to challenge Bombay HC order in SC

SURAT: Son of former parliamentarian Mohan Delkar and a complainant in the abetment to suicide case of his father, Abhinav Delkar on Thursday claimed that he will challenge the Bombay High Court ruling to quash the FIR against nine accused including Praful Patel, administrator of Union Territory of Dadra and Nagar Haveli, Diu and Daman, and Lakshadweep 'to prevent abuse of law'.
Delkar over phone told TOI that he will approach the Supreme Court after examining the judgment and discussion with his lawyers. "I am sad and shocked to hear that the court ordered to quash the FIR. We all know the truth. My father had named all the accused in his suicide note," he said.
While allowing the dismissal pleas filed by the accused, which included senior government officials, the Bombay high court observed it was a fit case to quash the First Information Report (FIR) to "prevent abuse of law". The nine accused had moved the high court last year seeking for the FIR to be quashed, noting they have been implicated in the case.
Mohan Delkar, 58, a seven-term MP from Dadra and Nagar Haveli was found dead in a hotel room in Marine Drive area of Mumbai on February 22, 2021.
The court noted the petitioners were justified in submitting that Delkar was in social and political life for a considerably long period of time and had faced many adversities in his life boldly. "It was only the impression carried out by the deceased that he was ill-treated or humiliated," the bench said, adding there was no material to prima facie show a single incident where Delkar was harassed or humiliated.
"Considering all aspects, we find merit in the petitions. It is a fit case for the court to quash the case to prevent abuse of law," a division bench of Justices P B Varale and S D Kulkarni noted.
Abhinav further said that he is yet to examine the HC judgment completely but have talked to his lawyers. "I will approach the Supreme Court with demand that the FIR should not be quashed," he added.
On March 9, 2021, the FIR was lodged by Delkar in Marine Drive police station under various sections of Indian Penal Code including abetment to suicide, criminal intimidation, putting a person in fear of accusation of offence in order to commit extortion and criminal conspiracy. The accused were also booked under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
Apart from Patel, other accused in the case are Sandeep Singh, the then district collector, Sharad Darade, the then superintendent of police, Apurva Sharma, the then deputy collector, Manasvi Jain, sub divisional police officer, Manoj Patel, the then police inspector of Silvassa police station, Rohit Yadav, officer in DNH administration, Fattehsinh Chauhan, politician and Dilip Patel, the then talati of Silvassa.
Independent MP Mohan Delkar defeated Natu Patel of BJP by 9,001 votes in 2019. Patel was BJP MP for two consecutive terms since 2009. Mohan Delkar was MP from the seat consecutively for six terms since 1989 .