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.
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.
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