Delhi High Court Dismisses Republic TV And Arnab Goswami’s Pleas For Quashing Order Directing FIR On Shashi Tharoor’s Complaint.

The Delhi High Court on Wednesday dismissed as not maintainable a petition moved by TV journalist Arnab Goswami and the Republic TV seeking quashing of the magisterial court order for registration of FIR against them on the complaint made by Congress leader Shashi Tharoor for allegedly committing theft of confidential documents pertaining to investigation in the death of his wife Sunanda Pushkar and the alleged hacking of his e-mail account.

Justice Najmi Waziri dismissed Goswami’s petition in limine saying the high court is not the correct forum when he had the alternate remedy of challenging the magistrate’s order before the Sessions court. Goswami had sought quashing of the January 21 order passed by Metropolitan Magistrate Dharmender Singh. Tharoor was represented before high court by senior advocate Vikas Pahwa and advocate Gaurav Gupta who challenged Goswami’s petition as not maintainable.

It is to be noted that Tharoor’s wife Sunanda Pushkar was found dead in a luxury hotel in New Delhi on January 17, 2014. Tharoor was recently charged for subjecting her to cruelty and abetting suicide. While the police probe is on, Tharoor had moved the Patiala House court accusing Arnab and the news channel of gaining illegal access to confidential documents which were part of police probe records and hacking his e-mail account to access personal e-mails and then broadcasting them on the news channel to increase its viewership. In his complaint, Tharoor had said that police collected number of items/materials of deceased and recorded statement of complainant and one of his aide Mr. Narain Singh. All those documents/materials were part of confidential record and within the sole possession of investigation team. He had told the court that “during several broadcast, certain documents were shown on News channel which were stated to be documents related to investigation of the death of complainant’s wife. Such documents are copy of internal file notings of Delhi police, copy of statement of complainant given to Delhi police, copy of statement of complainant’s aide Narain Singh, pictures of deceased which were taken during autopsy”.

The complaint had further stated that the accused persons “illegally accessed those confidential documents and shown/broadcast them on their News channel…accessed the complainant’s Email account without his authority or consent and shared the personal Emails on their News channel and even filed said materials/documents as part of their reply in Civil Suit before the high court”. Response to his RTI queries had further revealed that the documents were not in public domain. It was then that the magistrate ordered an FIR to be registered while noting that, “This court is of the considered view that in view of allegations levelled by complainant and material produced on record in the form of RTI replies and other material, matter discloses commission of cognizable offence and in view of this court, matter requires investigation by police as it is not clear that how said material came in the possession of proposed accused persons. This court is of the further view that number of persons are to be examined in this matter. “In these circumstances, SHO concerned is directed to register FIR in this matter and investigate the same as per law. Copy of this order be sent to SHO concerned for compliance”.

Sunanda Pushkar Suicide case: Delhi Police handed over chargsheet to Congress leader Shashi Tharoor

NEW DELHI: The Delhi Police on thursday handed over chagesheet and witness statement to Congress leader Shashi Tharoor, and several documents before a court in connection with the death of his wife Sunanda Pushkar in 2014. The documents included statements of various witnesses recorded in the case.

The court, thereafter, posted the matter for further hearing on September 20. The court had directed the Delhi Police to hand over various documents filed along with the charge sheet, including statements of witnesses, to Tharoor on a plea moved by him.

During the hearing, BJP leader Subramanian Swamy requested Additional Chief Metropolitan Magistrate Samar Vishal that he be allowed to assist the police in the case, even though senior advocate Vikash Pahwa and advocate Gaurav Gupta, appearing for Tharoor told the court that Swamy had no locus in the case which was already being probed by the police.

Pushkar was found dead in a suite of a luxury hotel because the couple staying in the hotel as the official bungalow of Tharoor was being renovated at that time.

Delhi HC asks police to file status report on plea against Tharoor’s anticipatory bail

The Delhi High Court today asked the Delhi Police to file a status report on a plea challenging anticipatory bail given to Congress leader Shashi Tharoor in a case related to his wife Sunanda Pushkar’s death.

Justice R K Gauba asked the Delhi Police’s standing counsel (criminal) Rahul Mehra to appear in the matter and listed the plea on September 25.

“The state shall file a status report inspecting the case against the backdrop of which the present controversy is raised,” the court said.

The court was hearing the petition filed by a Delhi-based lawyer Deepak Anand challenging a trial court’s July 5 order granting anticipatory bail to Tharoor in the matter.

The petitioner argued that after filing of charge sheet, the trial court took cognisance and issued summons to Tharoor. 

Instead of appearing before the court concerned, the Congress leader moved the court of an additional sessions judge which “erroneously” granted him bail, he said.

Pushkar was found dead in a suite of a luxury hotel in the city on the night of January 17, 2014. The couple was staying in the hotel, as the official bungalow of Shashi Tharoor was being renovated at that time.

Tharoor has been charged under sections 498A (husband or his relative subjecting a woman to cruelty) and 306 (abetment of suicide) of the Indian Penal Code (IPC), but has not been arrested in the case.

Tharoor moves court for anticipatory bail in Sunanda Pushkar death

New Delhi: Congress leader Shashi Tharoor today moved a Delhi court seeking anticipatory bail in the case related to the death of his wife Sunanda Pushkar.
Tharoor has already been summoned as an accused in the case.
The politician’s plea was filed before Special Judge Arvind Kumar who sought Delhi Police’s response and kept it for hearing tomorrow.

Tharoor was earlier summoned as an accused by a magisterial court for the alleged offences of abetment of suicide and committing cruelty towards Pushkar.

In his plea filed through advocate Vikas Pahwa, Tharoor said the charge sheet has been filed without arrest and the SIT (special investigation team) has categorically stated that investigation has been concluded and no custodial interrogation is required.

“The law is very clear that if the charge sheet is filed without arrest the bail is inevitable. We have only requested for protection so that we appear in the court on July 7,” Pahwa said.

The matter will be heard tomorrow at 10 am as the prosecutor was not present in court today, he said.
On June 5, a court summoned Tharoor as accused, asking him to appear before it on July 7 and saying there were sufficient grounds to proceed against him.
Pushkar was found dead in a luxury hotel room on the night of January 17, 2014.
Tharoor has been charged under Sections 498 A (husband or his relative subjecting a woman to cruelty) and 306 (abetment of suicide) of the Indian Penal Code.
After a magisterial court had taken cognisance of the offences against Tharoor, his counsel had termed the prosecution’s case “absurd and preposterous”.

On May 14, Delhi Police accused Tharoor, Lok Sabha MP from Thiruvananthapuram, of abetting Pushkar’s suicide and told a city court that he should be summoned as an accused in the four-and-half year-old case, claiming there was sufficient evidence against him.

In a nearly 3,000-page charge sheet, police named Tharoor as the only accused while also alleging that he had subjected his wife to cruelty.

The couple’s domestic servant, Narayan Singh, has been named one of the key witnesses in the case.

Under Section 498A, the maximum punishment is up to three years of imprisonment, while jail term up to 10 years is prescribed under Section 306.

An FIR was registered by Delhi Police on January 1, 2015 against unknown persons under IPC section 302 (murder).
According to prosecution sources, the charge sheet mentions that Pushkar was allegedly subjected to mental as well as physical cruelty.
Tharoor has not been arrested in the case.
On July 7, the court is also likely to hear BJP leader Subramanian Swamy’s application seeking its nod to allow him to assist the prosecution in the case and a direction to the police to produce the report of a vigilance inquiry conducted earlier in the matter.