BJP leader Subramanian Swamy on Wednesday filed a petition in the Patiala House Court, seeking a direction to the Delhi Police to produce the report of a vigilance enquiry conducted in Sunanda Pushkar death case.

The petition was filed before the Additional Chief Metropolitan Magistrate Samar Vishal seeking summoning of the Delhi Police Vigilance Report on the faults and irregularities in the Sunanda Pushkar case by the first investigating team of the Delhi Police. The matter is posted for arguments on June 5.

Taking cognisance of The Pioneer report dated May 28 "VIGIlANCE POINTS TO SERIOUS lAPSES IN SUNANDA PROBE",

Subramaniam Swamy filed a petition on Wednesday. The  Additional Chief Metropolitan Magistrate Samar Vishal has reserved for June 5 an order on whether to summon Pushkar's husband and senior Congress leader Shashi Tharoor as accused in the case, put up the application for consideration.     Swamy has sought a direction to the probe agency to inform the court as to whether the shortcomings in the probe are satisfied.

The application stated that the report of a vigilance inquiry, ordered by Delhi Police Commissioner, had pointed to various serious shortcomings in the probe in the case.

"If this court examines those shortcomings pointed out in the vigilance report to the extent whether the investigating agency has considered these shortcomings prior to filing of the charge sheet, further investigations on the conspiracy and other angles may be carried out in the interest of justice," the application said.

Four years after Sunanda Pushkar was found dead under mysterious circumstances in room no 345 at the leela Palace Hotel, The Pioneer accessed the detailed report of the Vigilance Enquiry, which was ordered by the Delhi Police Commissioner in 2016. As per the detailed report, the Investigating Officer (IO) lifted the bedsheet, bed covers and some eatables from Pushkar's room ten months after the incident. The report states  the mobile phones and laptop of Sunanda were taken to Dubai by her son, Shiv Menon after her last rites. The Delhi Police seized her laptop on January 25 and her three blackberry phones on January 30.

These were handed over to the Delhi Police by Shiv Kumar Prasad, Shashi Tharoor's consultant. The report said that it is one of the five shortcomings as some of the data was found to be deleted from Sunanda's phone. One of the key shortcomings mentioned in the Vigilance Report is that the Special Investigation Team (SIT) is yet to establish the source of the Alprax tablets. The probe team is yet to match the alprax tablets with the batch numbers of the recovered alprax tablets seized from the crime spot. Among the other shortcomings, report submitted to the then Police Commissioner, Alok Kumar Verma, stated that Sunanda was found dead on January 17. However, the crime team seized her Apple laptop only on January 25. This indicates that the laptop was seized eight days after the crime was reported to the Delhi Police.

The senior BJP leader, Swamy also sought the court's nod to assist the prosecution in conducting the case.

Pushkar was found dead in the suite of a luxury hotel in south Delhi on the night of January 17, 2014. The Delhi Police had on May 14 accused the lok Sabha MP from Thiruvananthapuram of abetting Sunanda's suicide and urged the court that he should be summoned as an accused in the four-and-half year-old case, claiming there was sufficient evidence against him.

In a nearly 3,000-page charge sheet, the police has named Tharoor as the only accused while also alleging that he had subjected his wife to cruelty. Tharoor has not been arrested in the case. The Congress leader has been charged under sections 498 A (husband or his relative subjecting a woman to cruelty) and 306 (abetment of suicide) of the Indian Penal Code. Under section 498A, the maximum punishment is up to three years of imprisonment, while jail term of up to 10 years is prescribed under section 306.