Directing Delhi Police Commissioner to “preserve” its Vigilance Report exposing the first probe team’s dubious activities in the mysterious death of Sunanda Pushkar, the Additional Chief Metropolitan Magistrate Court on Monday transferred the case to Sessions Court. The Court also directed accused Shashi Tharoor to be present in the Session Court on February 21, where he will stand trial for the charges of abetment of suicide (Sec 306 of IPC) and domestic violence involving cruelty to his wife, Sunanda.
Delhi Police is solely responsible for delaying the trail for past eight months by not providing many portions of the chargesheet to the accused Shashi Tharoor.
Disposing the petition of BJP leader Subramanian Swamy demanding the production of Delhi Police Vigilance Report which exposed how the first probe team lead by the then Joint Commissioner Vivek Gogia tried to sabotage the case, Additional Chief Metropolitan Magistrate Samar Vishal directed the Delhi Police Commissioner to preserve the report. “……as no adjudication is to take place in this Court, the report is not required to be called here. However, it is directed that the Commissioner of Police, Delhi shall keep the report preserved so that in case it is required by the learned Court of Sessions during trial for any purpose, it may be available,” said the Order.
PGurus have reported extensively on how the Delhi Police first probe team headed by the Joint Commissioner Vivek Gogia tried to sabotage the probe to save Tharoor by portraying Sunanda’s mysterious death as a natural one. Those days Special Commissioner Dharmendra Kumar, who recently retired from Railway Protection Force (RPF) supervised Gogia’s team. The first probe team did not even submit to postmortem-conducting-doctors much crucial evidence such as the bed sheet in the Hotel Leela, where Sunanda was found dead on January 2017. Later after two years, Delhi Police Commissioner Alok Verma (former CBI Director) ordered a Vigilance probe against the first probe team, which found foul play to save husband Shashi Tharoor.
Cricket Cabal protecting Tharoor
After BJP leader Subramanian Swamy’s petition to Supreme Court the Delhi Police wass forced in May 2018 to register a chargesheet against Shashi Tharoor. Tharoor was being protected by Cricket Administration-related politicians from all parties including the BJP, Congress, and the NCP. Many times the Court had asked Delhi Police to explain the 12 injury marks in the body of Sunanda and Delhi Police’s reply always was they are probing the injury angle and the findings in the postmortem report on poison in her body.
Is Delhi Police trying to limit the case to abetment to suicide and cruelty to wife only? Why is it silent on the 12 injury marks in Sunanda’s body?
Delhi Police is solely responsible for delaying the trail for past eight months by not providing many portions of the chargesheet to the accused Shashi Tharoor. Now from February 21, the case will be handled by 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 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 Magistrate’s court said, transferring the case to Sessions Court.
BJP leader Subramanian Swamy said that he will also approach the Sessions Court for production of Delhi Police Vigilance Report and also demand probe on the 12 injury marks on Sunanda’s body and poisoning angle mentioned in the AIIMS’ postmortem report.
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