Trouble for Tharoor? Sessions court to now hear Sunanda Pushkar case

Tharoor, former Union minister and Pushkar's husband, has been charged under sections 498-A and 306 of the Indian Penal Code (IPC), but has not been arrested in the case.

Published: 04th February 2019 02:46 PM  |   Last Updated: 05th February 2019 12:00 PM   |  A+A-

File photo dated August 22 2010 shows Congress MP Shashi Tharoor with his wife Sunanda Pushkar at his ancestral home in Elavanchery village at Palakkad district of Kerala. (Photo | PTI)

By Express News Service

NEW DELHI: A magisterial court on Monday sent Sunanda Pushkar’s death case against Congress leader Shashi Tharoor to the sessions court for further proceedings, noting that as the matter pertains to abetment of suicide, it was “exclusively triable” by that court.

Pushkar was found dead in a luxury hotel in Delhi on the night of January 17, 2014. Pushkar and her husband Tharoor were staying in the hotel as the latter’s official bungalow was under renovation.
The offences that mandate punishment of seven years or more are tried by the Sessions court.
Tharoor is booked under Section 306 (abetment of suicide) of the IPC, which attracts maximum punishment of 10 years.

ALSO READ: Sunanda Pushkar’s death: Delhi Court directs police to give documents to Shashi Tharoor

Additional Chief Metropolitan Magistrate Samar Vishal forwarded the case to Additional Sessions Judge Arun Bhardwaj. “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 court said. The court also directed Delhi the Police to preserve vigilance report in the matter.

It also directed the police and the prosecution not to share the charge sheet 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”.

Tharoor was granted regular bail on July 7 last year after he appeared before the court in pursuance to the summons issued against him. The Thiruvananthapuram MP is charged under Sections 498-A (husband or his relative subjecting a woman to cruelty) and 306 of the IPC, but not arrested.

Instructions

 Court orders police that charge sheet and other papers are not shared
 This order was in line with Tharoor’s right to receive free and fair trial

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