24 March 2021 4:02 AM GMT
A Delhi Court on Tuesday continued to hear Senior Advocate Vikas Pahwa, appearing on behalf of Congress MP Dr. Shashi Tharoor, an accused in the Sunanda Pushkar Death Case on the framing of charges in the matter.Special Judge Geetanjali Goel heard Pahwa in the presence of Dr. Tharoor while he continued his submissions on charge today.While Pahwa, on the last date of hearing, argued that there...
A Delhi Court on Tuesday continued to hear Senior Advocate Vikas Pahwa, appearing on behalf of Congress MP Dr. Shashi Tharoor, an accused in the Sunanda Pushkar Death Case on the framing of charges in the matter.
Special Judge Geetanjali Goel heard Pahwa in the presence of Dr. Tharoor while he continued his submissions on charge today.
While Pahwa, on the last date of hearing, argued that there was no conclusive proof suggesting the real cause of death even after 4 years, his arguments today rested on the individual facts of the case and statements of the family members of the deceased, showing that no allegations were ever levelled against Tharoor by the family.
According to Pahwa, it was submitted before the Cour that this was not a case where the prosecution was unable to prove the real cause of death as the same was clear from the evidences including the post mortem report and other medical reports proving that this was neither a suicide or a homicide.
Submitting so, Pahwa argued "They should not feel it's a post office and they can file anything they want."
Pushkar had been found dead in January 2014 at a hotel in New Delhi. In 2015, and an FIR had been filed in this regard. In May 2018, Dr. Tharoor was charged with abetment to suicide and marital cruelty under Sections 306 and 498A of the Indian Penal Code.
Substantiating his arguments on behalf of Tharoor, Pahwa submitted that none of the family members of the deceased, Sunanda Pushkar, had ever levelled any allegations against him. In doing so, he referred to the statements of such family members.
Moreover, Pahwa argued that according to some of the family members, it was submitted that Tharoor even took Pushkar to the doctors, not only in India but while they both were in France, owing to her medical conditions.
Relying on the statement of Sunanda Pushkar's son, Pahwa argued that "The only son of the deceased clearly said that Tharoor had nothing to do with the death but my friend (Prosecutor) wants to frame charges on him."
After hearing the arguments at length, the judge posted the matter for further arguments on 26th March 2021 at 2PM.
On the last date of hearing, Pahwa substantiated his arguments on three major aspects: firstly, on the allegations pressed upon by the Police; secondly, oon questioning the conduct of Doctors conducting Medical Autopsy and Post Mortem and lastly, there being no definite opinion on Cause of Death made out from 2014 to 2017 according to various reports by Medical Boards.
Pahwa therefore submitted before the Court that:
"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?"
Read Also: Sunanda Pushkar Death Case- No Conclusive Cause Of Death After 4 Years, Even Suicide Not Established: Sr. Adv. Vikas Pahwa Tells Delhi Court