A Special Court in the Patiala House Court in Delhi, on 28 May, reserved its decision on taking cognisance of the chargesheet, filed by the Delhi Police, in the mysterious death of Congress MP Shashi Tharoor’s wife Sunanda Pushkar, for 5 June.
The 3,000-page chargesheet filed in the court on 14 May named Tharoor as the accused, under Sections 306 (abetment of suicide) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC).
On 28 May, the public prosecutor argued before the court about the grounds on which the chargesheet should be accepted by the court.
The public prosecutor cited Section 113 A of the Indian Evidence Act, which says that even if there is no strong martial evidence or direct witnesses in an abetment to suicide and cruelty case, the court can still take cognisance of the chargesheet under this section if there is enough circumstantial evidence to prove two conditions – one, that the death occurred within seven years of marriage, and two, that the husband or relatives of the victim were indulged in domestic violence (cruelty).
The public prosecutor also informed the court that 12 injury marks were found on Pushkar’s body, dating to three days prior to her death. The public prosecutor also mentioned the existence of a few emails exchanged between Tharoor and Pushkar.
Vikas Pahwa, Shashi Tharoor’s lawyer, told The Quint that they were not privy to the chargesheet.
As of now, we cannot comment anything as the court has not yet taken cognisance of the chargesheet. Also the court has not summoned anyone. We are not privy to the chargesheet either.Vikas Pahwa, Shashi Tharoor’s lawyer
The Metropolitan Magistrate on 24 May transferred the case to Additional Chief Metropolitan Magistrate Samar Vishal.
Since he is a sitting Member of Parliament, matter is being sent to the special designated court for politicians, that is ACMM Samar Vishal. The matter be taken up on 28 May.Delhi Court
Tharoor had dismissed Delhi Police’s charges as “preposterous.”
Pushkar was found dead in a luxury hotel room on the night of 17 January 2014. The couple's domestic help, Narayan Singh, has been deemed as one of the key witnesses in the case.