Delhi Court dismisses Tharoor’s plea to bring tweets by Sunanda on record

On Thursday i.e. 30th January 2020 a Delhi court dismissed a plea of Shashi Tharoor (Congress MP) seeking to place before it certain tweets of his deceased wife Sunanda Pushkar before her death in 2014.

Tharoor, the only real accused in the death case of his wife Sunanda Pushkar, had told the Hon’ble court that Delhi Police was making an attempt to selectively place reliance on a some of Pushkar’s tweets to claim the variations that allegedly led her to commit suicide, whereas in entirety they showed her positive frame of mind quite optimistic about her relationship with him.

The former Union minister who had got pre-arrest bail, later converted to regular bail, was suspect by Delhi Police under Sections 306 (abetment of suicide) and 498-A (cruelty by husband or relative of the husband to a woman) of the Indian Penal Code.

Ajay Kumar Kuhar’s special judge rejected the application saying that “at the stage of (framing of) charge such a roving inquiry by the court isn’t expected”.

Shashi Tharoor will have the freedom to produce the tweets at an appropriate stage, the court said.

As per the submission of the senior counsel for the defendant, once the documents are in the public domain, the defendant can have the liberty to provide them at an acceptable stage. The court won’t venture into this exercise of procuring documents for the defendant which may most likely contain his defense.

“It goes without saying that at the stage of charge such a roving inquiry by the Court isn’t expected and the court must consider the documents of the Prosecution to determine whether a clear case is formed out or not. In view of the aforesaid, I am of the considered view that the application is susceptible to be dismissed and it is ordered accordingly,” the judge said.

Vikas Pahwa, senior advocate appearing on behalf of Tharoor, had told the Hon’ble court that “the tweets are of sterling quality & need inspection by the court as they will direct the court in framing the charge or discharge the suspect.”

“The prosecution is making an attempt to selectively place reliance on a tiny low a part of the Twitter Account/tweets of the deceased and withholding the remaining tweets,” the application filed by adv Gaurav Gupta aforementioned, adding that “if the police needed to access the twitter account it could have merely downloaded an equivalent because the account is out there online even nowadays which the probe agency had undertaken a half- baked try in procuring the Twitter Account.”

Tharoor had earlier told the court, “this could be a case wherever reason behind death isn’t established nevertheless. The charge sheet took terribly venturous route and needed a psychological autopsy. However, nothing has established within the case. There are rather reports that say it absolutely was neither homicide nor suicide. A psychological autopsy was conducted. They needed to understand the mental standing of the victim. However, until the date they’re not clear whether or not she committed suicide or it was a homicide.”

The tweets clearly indicate that the deceased wasn’t having any ‘suicidal ideation’ as is wanted to be alleged by the prosecution, he said.

“Rather, the deceased was in a positive frame of mind and was quite optimistic concerning her relationship with the applicant ( Shashi Tharoor). Despite such overwhelming material, the police have wanted to conclude that the deceased allegedly committed suicide because of her differences with the applicant,” he had aforementioned.

He had added that the police already had these documents and it would have been fairly considered, “there would have been no need to conduct of the psychological autopsy of the deceased, since the documents in question are in reality, evidence of her mental structure shortly before her death”.

“However, an equivalent has been deliberately wanted to be suppressed by the prosecution,” he told the court.

The police had told the court that Pushkar was littered with mental agony because of a strained relationship along with her husband.

She had a scuffle along with her husband and had varied injury marks a few days before her death, they said.

Police suspect Shashi Tharoor of torturing his partner that abetted her to suicide.

The maximum penalty for the offense listed within the charge sheet is ten years of imprisonment. However, if guilty for 302 (murder), the utmost penalty is executing whereas the minimum is incarceration.

Pushkar’s death had created a sensation because it came shortly when a bitter spat between the couple Twitter over his alleged affair with Mehr Tarar, a Pakistani journalist.

Pushkar, 51, was found dead in an exceeding suite of luxury edifice Leela in Delhi’s Chanakyapuri on the night of  17 January 2014.

The couple was staying at the edifice because the official house of Tharoor was being restored at that point.