Sunanda Pushkar Case: Police gave vague explanation in condonation of delay plea in challenging trial Court order, says Tharoor's Lawyer
Feb 07, 2023
New Delhi [India], February 7 : Congress leader Dr Shashi Tharoor on Tuesday through Senior Advocate Vikas Pahwa opposed the Delhi Police plea for condonation of delay in challenging the trial court order discharging him in his wife Sunanda Pushkar's death case and said the state has given a vague explanation without any details.
The reply stated that the state application for condonation of delay does not provide any details in regard to when the decision was taken by the Directorate of Prosecution to prefer a revision petition against the impugned order or when the sanction was granted to file the same.
The bench of Justice Dinesh Kumar Sharma on Tuesday adjourned the hearing/arguments for May 17, after noting that the reply filed by respondents didn't come on the Court record.
The Court on the last date of the hearing had issued notice to Shashi Tharoor, Member of Parliament for Thiruvananthapuram, Kerala on Delhi Police's plea for condonation of delay.
The Congress leader Shashi Tharoor Counsel Senior Advocate Vikas Pahwa along with Advocate Gaurav Gupta had strongly opposed the Delhi Police plea stating that "There is an inordinate delay of about 15 months in challenging the order in the Court, and thus is barred by limitation."
The revision against the charge as per the Limitation Act has to be filed in 90 days and submitted to the lawyer.
The Delhi Police in December filed a Criminal Revision before the Delhi High Court challenging the order passed by the Trial Court last year on August 18, 2021, discharging Congress leader Dr Shashi Tharoor in the Sunanda Pushkar death case from all the criminal charges level by the Delhi Police.
The High Court earlier refrained from issuing notice on the main petition on merits and only issued notice to examine the application for condonation of delay moved by Delhi Police.
The court further observed that notice on merits in the main petition would only be issued after examining the issue of delay in filing the instant revision.
Tharoor Lawyer also made a request that the record of this case should not be shared with a stranger, who's not a party to the proceedings. He pointed out the relevant provision of the Delhi High Court Rules in this regard.
After noting down the submissions, the Court had further directed that the petition/ record of the case be not shared with any stranger and that only parties to the petition would have access to it.
In August 2021, the Special Judge of the Trial Court Geetanjali Goel discharged Dr Tharoor, while holding that no prima facie case is made out against him for offences under Sec. 498-A/306, I.P.C.
The Trial Court while concurring with the arguments of the defence had further held that there was no material whatsoever against Tharoor (Accused) much less any positive act to instigate or aid the deceased (Pushkar) in committing the suicide if any.
The Delhi Police recently moved Delhi High Court against the Trial Court order passed on 18, August 2021 discharging Congress leader Shashi Tharoor in connection with the Sunanda Pushkar death case.
The Delhi police had accused Tharoor of abetment to suicide and cruelty against Pushkar who was found dead in a luxury hotel in Delhi in 2014.
The Delhi Police knocked on the door of the Delhi High Court after the passing of an over 15-month period in December 2022.
Pushkar was found dead in a suite of a luxury hotel in the city on the night of January 17, 2014. Congress MP Shashi Tharoor, husband of Sunanda Pushkar was the main accused in the matter according to the Delhi Police.
Tharoor, a former union minister was charge-sheeted by Delhi Police under Sections 498-A (husband or relative of husband of a woman subjecting her to cruelty) and 306 (abetment of suicide) of the Indian Penal Code (IPC).