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The Delhi High Court today issued notice in Shashi Tharoor's application seeking to preserve the tweets posted by Sunanda Pushkar before her death. (Shashi Tharoor vs State)
Notice to the Delhi Police was issued by a single Judge Bench of Justice Manoj Kumar Ohri.
The application forms part of Tharoor's appeal against the dismissal of his plea under Section 91 CrPC for bringing on record Pushkar's tweets.
It is Tharoor's case that Pushkar's Twitter timeline ought to be brought on record and made part of the case material in order to ascertain her state of mind before her death as it would have a "crucial bearing" on the issue of his discharge or framing of charge.
In his application filed through Advocates Gaurav Gupta and Muhammad A Khan, Tharoor has infomed the Court that as per Twitter's internal policy, inactive accounts ran the risk of getting deleted and losing their content forever.
If Pushkar's account is deleted by Twitter on account of prolonged inactivity, Tharoor would lose a very crucial avenue to exonerate himself, it is argued.
Tharoor has thus sought a direction to the Delhi Police to take appropriate steps for preservation of the Twitter timeline.
"..the Police, being the law enforcement agency, has the requisite powers, to preserve such materials or to issue directions for preservation of such materials..", it is claimed.
It is added that even if the Court upheld the Trial Court's order, Tharoor had the liberty to file these tweets at the stage of defence evidence and if the tweets were deleted in the meantime, he would not be able to reproduce them during the trial.
Senior Advocate Vikas Pahwa appeared for Tharoor.
The matter would be heard next on July 15.