Sunanda Pushkar case: Verdict on framing of charges against Shashi Tharoor gets deferred again, to be pronounced on August 18

A Special Court in Delhi dealing with cases against legislators on Tuesday once again deferred its order on framing of charges against Congress MP Shashi Tharoor in connection with the death case of his wife Sunanda Pushkar.

. Special Judge Geetanjli Goel made note of a reply filed by Tharoor's defence counsel in response to a plea moved by the prosecution earlier. The prosecution stated that it wanted to place on record and rely upon a recent judgment on the aspect of a "prima facie" case at the time of framing of charges.

The judge accordingly directed for the judgment to be placed on record and its copy to be supplied to Tharoor's counsel.

"I will not be entertaining any more applications," clarified the court.

. The matter has now been posted for pronouncement on August 18.

. This is the the fifth time the pronouncement of the order on framing of charges against Tharoor has been deferred. Previously on April 29, May 19 and June 16 , the order was deferred due to the COVID-19 pandemic situation affecting judicial work. On July 2, the pronouncement was adjourned again after the Court received an application from the prosecution seeking one week's time to file written submissions.

. Pushkar was found dead on the evening of January 17, 2014. Though the Delhi Police initially investigated the same as a murder, with an FIR registered under Section 302 (murder) of the Indian Penal Code (IPC), it charged Tharoor under Sections 306 (abetment of suicide) and 498A (cruelty by husband).

. Senior Advocate Vikas Pahwa , who sought Tharoor’s discharge in the case, had argued that the prosecution had not alleged any mental or physical torture against his client. The counsel relied on several Supreme Court judgments to substantiate his arguments, one of which was on the point that even having an extramarital affair was not good enough a ground to amount to cruelty under Section 498A IPC.

He had also argued that numerous reports of the medical board comprising renowned doctors besides the forensic reports of various laboratories and the psychological autopsy report conducted by experts had ruled out the death as homicide or suicide.

According to the submissions, the same reports consider the death to be accidental. Pahwa argued that the police in four years after a painstaking investigation could not even find the cause of Pushkar’s death.

.[Sunanda Pushkar case] Extramarital affair of Shashi Tharoor figment of imagination: Sr Adv Vikas Pahwa argues for Tharoor before Delhi Court. Special Public Prosecutor Atul Shrivastava had contended that before her death, Pushkar sustained injuries on her body, which was reflected in the post mortem report. “ When she was hospitalised she had high fever and canula was administered to her ,” he had argued.

Pushkar's death, he said, was due to poisoning and 27 tablets of Alprax were found in her room, although it was not clear as to how many pills she had consumed.

According to the prosecution, Pushkar was a completely healthy person and the cause of her death was poisoning due to the consumption of the drug.

Pushkar was stated to have been subjected to mental cruelty by her husband on account of the several controversies surrounding his alleged extra-marital relationship.

Shrivastava had referred to a purported conversation between the couple to submit that Tharoor "mentally abused" Pushkar "through neglect".

As far as the framing of alternative charge under Section 302 IPC was concerned, Srivastava stated that the medical experts had "not ruled out" the possibility of the drug being injected to Pushkar.

. A magistrate court had on June 5, 2018, found “ sufficient grounds ” to proceed against Tharoor in the case and had taken cognisance of the charges under Sections 306 (abetment to suicide) and 498A (husband or relative of husband of a woman subjecting her to cruelty) against him.

.Sunanda Pushkar case: Shashi Tharoor summoned to appear before Patiala House court

Sunanda Pushkar case: Verdict on framing of charges against Shashi Tharoor gets deferred again, to be pronounced on August 18

Aamir Khan

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