Sunanda Pushkar Death Case- "No Question Of Abetment When Suicide Not Established": Shashi Tharoor Tells Delhi Court

A Delhi Court on Friday continued to hear Senior Advocate Vikas Pahwa, appearing on behalf of Congress MP Dr. Shashi Tharoor, an accused in the Sunanda Pushkar Death Case on the framing of charges in the matter.

Special Judge Geetanjali Goel heard the submissions advanced by Pahwa on the point of discharge, primarily arguing that there was no physical or mental torture done by Shashi Tharoor on the deceased, Sunanda Pushkar.

To substantiate this, Pahwa argued that the statement of witnesses including the relatives and Pushkar's son will suggest that she could not have committed suicide.

"No physical or mental torture was done to the deceased. The only thing argued by the Prosecution is that I had an affair with someone. However, he admitted that there was no physical torture." Pahwa submitted.

Other than that, Pahwa argued that "When I read the statements of relatives and even her son, they suggest that no allegations were made against me, neither phyical nor mental cruelty was done. The only reference I found in the entire document was on the reference of chargesheet where a letter was recovered from somebody else's computer. No evidence was there to suggest that the draft letter was ever sent to anyone, or received by anyone, or if somebody replied to it."

Furthermore, Pahwa heavily relied on the judgment of Pinakin Mahipatray Rawal vs State Of Gujarat 2013 SCC on the point that even having an extramarital affair is not good enough to amount to cruelty within the meaning of sec. 498A IPC.

The relevant portion of the said judgment as relied upon by Pahwa is "Though a presumption could be drawn, the burden of proof of showing that such an offence has been committed by the accused under Section 498A IPC is on the prosecution. On facts, we have already found that the prosecution has not discharged the burden that A-1 had instigated, conspired or intentionally aided so as to drive the wife to commit suicide or that the alleged extra marital affair was of such a degree which was likely to drive the wife to commit suicide."

Moreover, Pahwa further submitted that every case of sec. 306 of IPC (abetment of suicide) must qualify the test of sec. 309 of IPC (attempt to suicide). 

"No cause of death was established in the case by the prosecution. It is not even established that she committed suicide. How can the question of abetment come here?" Pahwa submitted.

The matter will now be heard on 9th April 2021 at 2PM.

Pushkar had been found dead in January 2014 at a hotel in New Delhi. In 2015, and an FIR had been filed in this regard. In May 2018, Dr. Tharoor was charged with abetment to suicide and marital cruelty under Sections 306 and 498A of the Indian Penal Code.

Reports of Previous Hearings Can Be Read Here:

Sunanda Pushkar Death Case- No Conclusive Cause Of Death After 4 Years, Even Suicide Not Established: Sr. Adv. Vikas Pahwa Tells Delhi Court

Sunanda Pushkar Death Case- "Statements Of Family Members, Witnesses Suggest No Mistreatment By Shashi Tharoor To His Wife": Sr Ad.Vikas Pahwa Tells Court