Trial in the sensational Sunanda Pushkar murder case is likely to commence on January 21 after a Delhi court handed the case against Congress leader Shashi Tharoor to Sessions court for further proceedings. The judge noted that the case pertains to abetment of suicide and it was “exclusively triable” by the court. The offences which attract punishment of 7 years or more are triable by the Sessions court.
Additional Chief Metropolitan Magistrate (ACMM) Samar Vishal sent the case to Additional Sessions Judge Arun Bhardwaj. The Sessions court will now hear arguments on whether to frame charges against Tharoor and put him on trial.
Since Tharoor, the husband of Sunanda Pushkar is booked under Section 306 (abetment of suicide) of the Indian Penal Code, which attracts maximum punishment of 10 years, it can only be heard by a Sessions court, which is superior to the magisterial court.
“Since this court is only a committing court because the offence under section 306 IPC is exclusively triable by Sessions court, it is clear that the prosecution/ trial of the case will take place in Sessions court and not before this court,” the ACMM said.
The court also directed Delhi Police to preserve ‘vigilance report’ in this case. It also directed the police and the prosecution not to share the chargesheet and other documents of the case with any third party keeping in view his “right of privacy, right to reputation and right to receive free and fair trial”.
“Undisputedly, all these are the fundamental rights of a person... And apprehension of any person, regarding violation of his fundamental rights, by any agency of the state is sufficient to justify any action of the court to protect it within the ambit of its powers,” it said.
“The prosecution as well the Delhi Police shall not share with any third person, the charge sheet or any other document which are the part of the charge sheet till the next date of hearing,” it said.
It may be recalled that Tharoor was granted regular bail on July 7 last year after he appeared before the court in pursuance to the summons issued against him.
Tharoor, the Congress Lok Sabha member from Thiruvanantpuran and a former Union Minister has been charged under sections 498-A (husband or his relative subjecting a woman to cruelty) and 306 of the Indian Penal Code (IPC), but has not been arrested in the case. Pushkar was found dead in a suite of a luxury hotel in the city on the night of January 17, 2014. The couple was staying in the hotel as the official bungalow of Tharoor was being renovated at that time.