Current AffairsIndia

Senior Advocate Vikas Pahwa argues before Delhi Court in favour of Shashi Tharoor’s discharge

Seeking discharge in the criminal case pertaining to the death of Sunanda Pushkar, Senior Advocate Vikas Pahwa told a Delhi Court that the material collected by the Delhi Police completely exonerates her husband and Congress leader Shashi Tharoor. (State vs Shashi Tharoor).

Earlier this week, Senior Advocate Pahwa argued before Geetanjali Goel, Special Judge, Rouse Avenue that till date, there has been no definite opinion on Pushkar’s cause of death.

Since experts have failed to establish death by suicide or homicide, Pahwa submitted, one must conclude that the death would fall into the only remaining category i.e., accidental death.

“When suicide is not established how could the question of abetment to suicide arise?”, he questioned.

In August 2019, the Delhi Police had pressed for framing of charges under Sections 498A (cruelty) and 306 (abetment of suicide) or alternatively under Section 302 (murder) of the Indian Penal Code against the sole accused, Shashi Tharoor.

Pahwa challenged the Prosecution’s case that the deceased was in a healthy condition before she died.

Taking the court through various medical ailments that the deceased was grappling with at the time, Pahwa said,

In January 2014, she was not a healthy person. A lady who can’t walk, who was on a wheelchair, who had an autoimmune disease, they say such a lady is fit.”

Pahwa also opposed framing of charges under sections 498A or 306 IPC in the absence of any ingredients.

He submitted no complain or statement alleging mental cruelty by Tharoor was ever filed by any person.

Sunanda Pushkar was found dead in her suite at a five-star hotel situated in New Delhi on January 17, 2014. Pushkar’s husband and Congress leader Shashi Tharoor, who is the sole accused in the case, is presently on bail.

As per the prosecution, Pushkar was a completely healthy person, and the cause of her death was poisoning due to the consumption of Alprazolam.

The prosecution’s case is based on the ground that Pushkar was subjected to mental cruelty by her husband due to several controversies surrounding their relationship. Atul Srivastava is the prosecutor in the case.

The case was committed to the Sessions Court by a Magisterial court on February 4, 2019.

Arguments will continue on March 23.

 

Source
Via Bar & Bench
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