Deepali Kalia –
On June 16th a Delhi Court adjourned till July 2nd the order on framing of charges against the Congress MP Dr. Shashi Tharoor in the Sunanda Pushkar death case.
Charges of abetment to suicide, cruelty under sec. 306 and 498A respectively and of murder under sec. 302 of the Indian Penal Code were pushed by the prosecution.
Senior Advocate, Vikas Pahwa appeared on behalf of Tharoor whereas Additional Public Prosecutor, Atul Shrivastava represented the State in the matter.
Previously, after hearing the case at length, Special Judge Geetanjali Goel had reserved the orders on April 12.Mr Pahwa had contended that no case under the relevant provisions of IPC could be made out.
“The law on presumption is very clear. Even before sec. 113A is invoked, they have to establish the foundational facts of the case. But they feel by invoking sec. 306, charges can be framed. They did not prove whether it is a case of suicide or homicide. There is no question of sec. 306 here. It comes when at least suicide is established. In this case, it has been established that it is not a suicide. My case is much better than this.”, Mr. Pahwa submitted before the Court.
To the allegation of Tharoor having an extra marital affair, Mr Pahwa responded that the former never had an affair or relationship with any lady.
Pahwa further argued, “If you cannot establish suicide, then there can be no sec. 306 case. First you have to establish there has been a suicide. From 2014 to 2017, it has been 4 years. They have given opinion, its neither suicide nor homicide. Again a null in the investigation. Even when the report said there was no suicide, they registered a case under sec. 302. They don’t say it’s suicide. This is answer to your third category, accidental. This is accidental where there is no intention. Suicide cannot be without intent. I am not talking abetment at the moment. I am talking about suicide. For suicide there has to be intent. I am relying on medical documents relied by them. How does sec. 306 come into play?”
Referring to the statements of the family members of the deceased, Mr Pahwa stated that none have accused Tharoor of any wrongdoing in the case.
Prosecution on the other hand stated that accused could only demand discharge if evidence in the case was “absolutely insufficient” which wasn’t the case and thus demanded that a trial be conducted in order to get a larger and a clear perspective on the case.
