There is an inordinate delay of over 15 months in challenging order: Tharoor's lawyer in Delhi HC
Dec 01, 2022
New Delhi [India], December 1 : The counsel of Congress leader Shashi Tharoor, Senior Advocate Vikas Pahwa on Thursday, submitted in Delhi High Court 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, submitted to the lawyer.
The Delhi Police on Thursday 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 levelled by the Delhi Police.
The Bench of Justice Dinesh Kumar Sharma on Thursday 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.
Senior Advocate Vikas Pahwa also made a request that the record of this case be not 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 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.
The matter is now listed on February 7, 2023, for arguments on the application for condonation of delay in challenging the order of the trial court.
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 the accused (Tharoor) much less any positive act to instigate or aid the deceased (Pushkar) in committing the suicide if any.
The Delhi Police on Thursday 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 has knocked on the door of the Delhi High Court after the passing of an over 15-month period.
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).