Centre-State financial relations: India
The Jiah Khan suicide (2013)
Experts pick holes in Jiah suicide abetment case Vijay V Singh, Rebecca Samervel & Bharati Dubey, TNN | Jun 13, 2013
The Times of India’s view
On the face of it, this seems to be a case of a relationship gone terribly sour. The police are not here to impose morality; their job is to enforce the law. And by arresting (her boyfriend) Suraj Pancholi they seem to have confused their role. Unless they have specific evidence to show that Pancholi actively instigated Jiah's suicide, they have no business arresting the 22-year old or charging him with abetment to suicide.
The court should give him bail right away. The Supreme Court has repeatedly made it clear that a mere lovers' tiff cannot be sufficient to invoke such a serious charge. The apex court should also frame strong guidelines to ensure that such situations are not used by police as an excuse for harassment or as a money-making opportunity.
Lawyers’views
Lawyer Ameet Naik handled the Navin Nischol case in which the actor was acquitted despite his wife leaving behind a suicide note blaming him (in this case, legal experts are not even sure whether Jiah Khan's letter can be treated as a suicide note). "A mere letter is not reason enough to arrest him. In the Navin Nischol case, there was a suicide note but the prosecution was unable to establish real mens rea (intention) in abetment. There could be several other reasons for the suicide. Police needs to find if there is circumstantial evidence before making such arrests," Naik said.
Referring to the allegations of abuse, criminal lawyer Adhik Shirodkar questioned how they could be proved with the victim dead. "A suicide note helps police give direction to the probe and establish the cause of death. But it can't be the sole basis for arresting someone."
Many lawyers, who have worked on similar cases, called for guidelines to control police action in such cases. "This type of action may also lead to questions about the police's intentions in going after people without any real evidence," a criminal lawyer said.
