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Home SCIENCE Subramanian Swamy plea to deliver vigilance report on document dismissed

Subramanian Swamy plea to deliver vigilance report on document dismissed

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Sunanda Pushkar: Court docket dismisses Subramanian Swamy plea to deliver Delhi Police Vigilance Report on document


Aditi Singh
Might 24 2019

A Delhi Court docket presided by Particular Choose Arun Bhardwaj at this time dismissed an utility by Rajya Sabha Member of Parliament Subramanian Swamy searching for to deliver the Delhi Police Vigilance Report on the alleged proof tampering within the Sunanda Pushkar case on document.

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The order handed at this time reads,

“…Neither the applicant has locus standi to file this utility nor this court docket may give any course for additional investigation within the matter because the cognizance has already been taken and accused as already been summoned to face trial. Resultantly, the appliance is dismissed.”

Further Public Prosecutor Atul Srivastava knowledgeable the Court docket that “all shortcomings” within the investigation are already within the data of the prosecution.

“We’ll argue on the time of framing of fees”, he mentioned.

In his utility earlier than the Court docket, Subramanian Swamy had alleged that folks had gone to “extraordinary extent” to “guarantee that the proof was destroyed”.

Subsequently, Swamy had contended that the Public Prosecutor must have taken the Vigilance Report alluding to proof tampering on document.

Showing for the accused, Shashi Tharoor, Senior Advocate Vikas Pahwa had sought the dismissal of Swamy’s utility.

Pahwa argued that by way of Part 301 of the Code of Prison Process, solely the sufferer or his/her guardian has the correct to take part within the trial.

Part 301 reads:

Look by Public Prosecutors.

(1) The Public Prosecutor or Assistant Public Prosecutor answerable for a case could seem and plead with none written authority earlier than any Court docket by which that case is beneath inquiry, trial or attraction.

(2) If in any such case, any non-public individual instructs a pleader to prosecute any individual in any Court docket, the Public Prosecutor or Assistant Public Prosecutor answerable for the case shall conduct the prosecution, and the pleader so instructed shall act therein beneath the instructions of the Public Prosecutor or Assistant Public Prosecutor, and will, with the permission of the Court docket, submit written arguments after the proof is closed within the case.

Pahwa additionally denied all of the allegations on the destruction of proof. Moreover, Delhi Police had additionally argued that Swamy’s utility was not maintainable in legislation.

Subramanian Swamy had moved the Court docket searching for to be made a celebration within the matter earlier this 12 months. The Court docket had reserved its order within the utility filed by Swamy on Might 4.

The case was dedicated to the Classes Court docket for trial by ACMM Samar Vishal on February 4. Pushkar was discovered lifeless in her suite at a five-star lodge located in New Delhi in January 2014. Husband of Sunanda Pushkar and Congress chief Shashi Tharoor is the only accused within the matter. He’s charged for abetment of suicide beneath Part 306 of the Indian Penal Code (IPC) and committing cruelty beneath Part 498A, IPC. He was granted common bail on July 7 after showing earlier than the Court docket pursuant to the summons issued in opposition to him.

Tharoor was represented by Senior Advocate Vikas Pahwa with Advocate Gaurav Gupta and Tushar Agarwal.

Learn the order:

Subramanian Swamy order on Vigilance Report order.pdf_2

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