Sunanda Pushkar death case: Tharoor to fight it out, here is how
Congress leader Shashi Tharoor who was summoned as an accused in the Sunanda Pushkar death case is ready to give up. He would vigorously contest the charges on the grounds that they are baseless and far from the truth. He was charged for abetting his wife's suicide.
In a setback to Tharoor, Additional Chief Metropolitan Magistrate Samar Vishal while asking the Lok Sabha MP to appear before the court said there exists sufficient grounds to proceed against him for alleged offences of abetment of suicide and committing cruelty towards Pushkar.
Tharoor, 62, dubbed the charges as "preposterous and baseless" and the product of a malicious and vindictive campaign against him that he will "vigorously contest".
The Delhi Police on its part said it has "professionally" investigated the charges against the Lok Sabha MP from Thiruvananthapuram and will defend them in the court.
"I have heard the prosecutor. I have gone through and perused the charge sheet and the documents filed along with it. On the basis of police report (charge sheet), I take cognisance of offence of abetment of suicide of late Sunanda Pushkar and committing cruelty upon her by Dr Shashi Tharoor," said judge Vishal.
"There exists sufficient grounds to proceed against Tharoor for commission of offences of Section 306 and 498 A of IPC. Issue summons to him for appearance for July 7," the judge added.
In a statement, Tharoor said he maintains steadfast conviction that ultimately the truth will prevail through the judicial system.
"I would like to reiterate my position that I find the charges preposterous and baseless, the product of a malicious and vindictive campaign against myself.
"I will continue to vigorously contest these charges and maintain steadfast conviction that ultimately the truth will prevail through the judicial system that we are privileged to have in our country," he added.
Pushkar,
51,
was
found
dead
in
a
luxury
hotel
room
in
the
capital
on
the
night
of
January
17,
2014.
The
Delhi
Police
had
on
May
14
accused
Tharoor
of
abetting
Pushkar's
suicide
and
told
the
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 the nearly 3,000-page charge sheet, the police named Tharoor as the only accused while also alleging that he had subjected his wife to cruelty. It had also urged the court to summon Tharoor as an accused.
The
couple's
domestic
servant,
Narayan
Singh,
has
been
named
one
of
the
key
witnesses
in
the
case.
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.
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.
Police said Pushkar had sent an email to Tharoor on January 8, nine days before her death, in which she said: "I have no desire to live...All I pray for is death."
Tharoor's lawyer and senior advocate Vikas Pahwa told reporters immediately after the court pronounced the order that no offence was made out against the Congress leader and the prosecution's case was "absurd and preposterous".
"We shall be asking for a copy of the charge sheet and the documents relied upon by the prosecution. After going through them, we shall decide our further course of action. Dr Tharoor will take all legal remedies available to him in law.
"Since no offences are made out and the prosecution case is absurd, preposterous and contrary to various judgments of the Supreme Court, we shall take appropriate steps to deal with it," Pahwa said.
On May 28, the court had reserved its order on whether to summon Tharoor as an accused in the case.
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.
Today, the court also heard 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.
Opposing his application, Additional Public Prosecutor Atul Shrivastava said it was premature.
He
also
opposed
Swamy's
request
to
summon
the
vigilance
inquiry
report,
saying
it
was
not
required.
"This
case
is
sessions
triable.
This
court
being
a
magisterial
court
is
not
going
to
conduct
the
trial.
Therefore,
the
application
is
premature.
Taking
report
of
the
vigilance
inquiry
on
record
is
not
required
since
police
has
already
done
its
work,"
Shrivastava
said.
However, Swamy said there are a number of instances of tampering with evidence.
"Even the police team of that time tried to project it as a natural death and the FIR was not lodged for one year," he told the court.
The court has kept the application pending for next date of hearing -- July 7.
"An application of Subramanian Swamy is pending. Let the prosecution file a written reply of this application by the next date of hearing with advance copy to Swamy," it said.