Court sends Sunanda Pushkar death case against Shashi Tharoor to Sessions court

A Delhi court Monday, 4 February, sent Sunanda Pushkar’s death case against Congress leader Shashi Tharoor to a Sessions court for further proceedings.

Additional Chief Metropolitan Magistrate Samar Vishal sent the case to Additional Sessions Judge Arun Bhardwaj, since the offence under Section 306 (abetment of suicide) of the Indian Penal Code was triable by a sessions judge.

The maximum punishment for the offence is 10 years of imprisonment.

Court Rejects Swamy’s Plea

The court also rejected BJP MP Subramanian Swamy’s application, seeking to conduct the prosecution in the case against Tharoor.

In his plea, the BJP MP has sought to assist the court and to bring on record the Delhi Police’s Vigilance Report on tampering of evidence in the case, for framing of additional charges.

Tharoor’s counsel and Senior Advocate Vikas Pahwa has opposed his plea, while Public Prosecutor Atul Shrivastava said that a third party should not interfere in the case as it is a criminal trial and the matter is between the Delhi Police and the accused person.

Tharoor, former Union minister and Pushkar’s husband, has been charged under sections 498-A (husband or his relative subjecting a woman to cruelty) and 306 of the Indian Penal Code (IPC), but has not been arrested in the case.

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

Delhi HC asks Arnab, Republic TV to respect Tharoor’s silence

Delhi HC asks Arnab, Republic TV to respect Tharoor's silence
Delhi HC asks Arnab, Republic TV to respect Tharoor’s silence

The Delhi High Court today refused to restrain journalist Arnab Goswami and his Republic TV from airing news or debate on Shashi Tharoor’s wife Sunanda Pushkar’s death case but asked them to respect the Congress MP’s “right to silence”.

Justice Manmohan said the right to air the story cannot be taken away but a balance has to be maintained.

The high court also asked Goswami and Republic TV to send an advance notice to Tharoor for his views before airing any news in connection with his wife’s death case.

“Every individual has a right to silence. He cannot be forced or compelled to speak on the issue,” the judge said.

The court’s order came on three different applications filed by Tharoor in his Rs two crore defamation suit against Goswami and the channel for allegedly making defamatory remarks against him while airing news relating to the mysterious death of his wife.

Pushkar was found dead in a suite of a five-star hotel in south Delhi on the night of January 17, 2014 under mysterious circumstances.

Tharoor has alleged that they continued to engage in “defaming and maligning” him despite an assurance given by their counsel in the court on May 29.

The court had on May 29 said the journalist and his news channel could put out stories stating the facts related to the investigation of Pushkar’s death but could not call the Lok Sabha MP from Thiruvananthapuram “a criminal”.

The Congress leader has sought a direction to them that they should not mention the expression “murder of Sunanda Pushkar” anywhere, since it is yet to established by a competent court whether her death was a “murder”.

( Source – PTI )

Centre’s stand sought on plea for SIT probe into Sunanda’s death

Centre's stand sought on plea for SIT probe into Sunanda's death
Centre’s stand sought on plea for SIT probe into Sunanda’s death

The Delhi High Court today sought to know the stand of the Centre on BJP leader Subramanian Swamy’s plea for a court-monitored probe by the CBI-led SIT into the death of Congress MP Shashi Tharoor’s wife Sunanda Pushkar.

A bench of Justices G S Sistani and P S Teji, who did not issue notice in the matter, has said that it needs to hear the Ministry of Home Affairs (MHA), the CBI and the Delhi Police on the plea.

The court has fixed the matter for hearing on July 20.

Swamy has alleged that “inordinate delay” has been caused in the investigation “which is a blot on the justice system”.

Pushkar was found dead in a suite of a five-star hotel in south Delhi here on the night of January 17, 2014.

( Source – PTI )

HC refuses to entertain PIL on Sunanda Pushkar’s death case

Delhi High Court today rejected a PIL seeking its intervention in the ongoing probe into the death of Congress MP Shashi Tharoor’s wife Sunanda Pushkar, saying it was more of a “publicity interest litigation.””FIR has been registered and the investigation is also being carried out by the senior-most officers of the Delhi Police. We are sorry, we cannot entertain the petition. This is not a Public Interest Litigation (PIL),” a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.

The bench further said that the petition seemed to be a “publicity interest litigation.”

The court’s observation came after additional solicitor general Sanjay Jain opposed the PIL which alleged that the probe agency was biased and hence no constructive progress has been made in the matter. In such a situation, there was reason for the court to intervene, it claimed.

ASG said the petitioner has no locus standi in the matter and the police was investigating the case on day to day basis.

He further said that a Special Investigation Team (SIT) has been constituted including five senior most officers of the Delhi Police who were probing the matter.

ASG also said that an FIR has been registered and the petitioner by this kind of prayer was only trying to delay the probe.

Earlier on January 28, the High Court had declined the request of petitioner NGO Anti-Corruption Front to give an urgent hearing to the matter.

The PIL, filed against Home Ministry, CBI and Delhi Police, alleged that an FIR had been lodged by the police almost a year after the incident, despite clear guidelines by Supreme Court and high courts that on receiving information on a cognisable offence, an FIR should be registered without delay.

The SIT was set up by the Delhi Police to probe Pushkar’s death after it registered the FIR on January 1, based on Pushkar’s third autopsy report by the AIIMS medical board.

The police had questioned Lok Sabha MP Shashi Tharoor, a former UN diplomat and Union Minister in connection with the case on December 19.

Pushkar was found dead in a luxury hotel here on January 17, 2014. The police filed an FIR on January 1, 2015, relying on the report of AIIMS medical board saying she was poisoned to death