Slamming new generation private banks for employing musclemen to recover loans, the Delhi High Court has directed the police to expedite a probe into the suicide of a fast-food centre owner after alleged threats and humiliation by "goons" hired by ICICI Bank.
NEW DELHI: Slamming new generation private banks for employing musclemen to recover loans, the Delhi High Court has directed the police to expedite a probe into the suicide of a fast-food centre owner after alleged threats and humiliation by "goons" hired by ICICI Bank.
"By no stretch of imagination, banks could be permitted to employ musclemen and goons for recovery of their dues even from defaulting party," Justice S N Aggarwal observed, while expressing anguish at the tardy investigations conducted by the police though the victim's family lodged a complaint with the Srinivaspuri police on November 29, 2005.
The court's observations on Thursday followed an appeal from Shanti Devi Sharma, a widow and mother of the deceased Hiamanshu Dev Sharma (34), that alleged that police had failed to conduct any investigations into the suicide allegedly abetted by ICICI Bank with its strong arm tactics.
In her complaint, the woman alleged that her son had availed a loan of over Rs 40,000 from ICICI Bank on June 7, 2005 to purchase a motorcycle.
However, after Himanshu defaulted one of the installments, the bank allegedly sent its men to his house and office to recover the installments.
On October 16, 2005, the bank's agents forcibly carried away Himanshu's motorcycle in lieu of the defaulted amount.
Thereafter, Himanshu's wife approached ICICI Bank officials and requested that she be allowed to pay the installments and take back the vehicle, but was allegedly rebuked and insulted by the staff.
According to the petition Himanshu felt humiliated as he became the object of ridicule as his neighbours reportedly jeered him after seizure his vehicle by the ICICI.
Unable to bear the alleged humiliation, Himanshu on October 21, hanged himself to death.
According to the petition though a case was registered against the ICICI Bank by police on November 29, 2005, for "abetting" the suicide, no action was taken so far.
"The modus operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are give is extra-legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from the defaulting party. Everybody has a right to live with dignity and that right cannot be taken away except without due process of law," Justice Aggarwal said.
Observing that no satisfactory investigation had been carried out by the Investigating Officer, the court directed that the matter be investigated "as expeditiously as possible and take necessary action against those who may be found guilty of abetting the deceased to commit suicide.
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