No abetment to suicide case in matters of financial dealings: SC

The Supreme Court on Wednesday said that the abetment to suicide cannot be attracted if one commits suicide due to stress arising out of a financial transaction.

A bench of Justices D Y Chandrachud and Indira Banerjee made the oral observations while ordering immediate release of Republic TV's Editor-in-Chief Arnab Goswami, arrested in 2018 suicide case.

The court said it would deliver a detailed judgement subsequently.

"If there is a financial transaction, A owes money to B, and B commits suicide due to financial stress, is that abetment?" the bench asked.

The court also expressed concern that the High Courts and the district courts have failed to protect individual liberty in such cases.

"The HCs don't grant bail in cases and people are in jail for months. This court is burdened with such pleas. If constitutional courts don't protect liberty who will," the bench asked.

Talking about the Goswami's case, the bench said, "Forget the way he (Goswami) screams and yells, what concerns me is the value ascribed to human liberty. If this is what our state governments are going to do to people, courts must step in."

Senior advocate Harish Salve, appearing for Goswami, pointed out: "Last month, a man in Maharashtra committed suicide saying the Chief Minister Uaddhav Thackeray failed to pay salary? What you do? Arrest the Chief Minister?"

He said that there has to be a direct and proximate cause to invoke abetment to suicide charges.

Senior advocate Mukul Rohatgi, appearing for another accused, asked, "If a man kills himself complaining that the High Court adjourned his case for 10 years, should that High Court judge be arrested?"