Stating that BJP leader Subramanian Swamy is “abusing the process of law” and has “ulterior motives”, Congress MP Shashi Tharoor submitted to a Delhi court that Swamy’s plea — seeking to assist prosecution in the death of his wife, Sunanda Pushkar — “deserves to be dismissed at the threshold” as he has no locus standi.
Swamy had filed a plea in the court of Additional Chief Metropolitan Magistrate Samar Vishal, seeking directions to police to submit a vigilance inquiry report conducted in the case as there were “shortcomings” in the investigation.
Swamy had filed the application after Delhi Police filed the chargesheet against Tharoor, in connection with the death of his wife in January 2014.
The court had, on June 5, summoned Tharoor as an accused, observing that there was sufficient ground to proceed against him.
In his response to the application, Tharoor submitted that Swamy is an “absolute stranger” to the present case, and has no connection to the “remotest degree” with either the prosecution, deceased or the accused.
“The applicant’s desire to help the prosecution is completely based on ulterior motives. In fact, even in the past, the applicant has been constantly making false, malicious and unverified allegations against Dr Shashi Tharoor in respect of the present matter which is available on public domain,” his application stated.
The application cited the writ petition filed in the High Court by Swamy, where he had sought a court-monitored SIT probe into Pushkar’s death, making several “unverified and unsubstantiated” allegations that Tharoor had tampered with and influenced the investigation.
It further stated that since the case is “sessions triable”, the application is barred by law. After “committal of the case”, it will be transferred to the court of Additional Sessions Judge Arvind Kumar.
Additional Solicitor General appearing for Delhi Police, State, Union of India categorically stated that Dr Sashi Tharoor had been cooperating with the investigation and there was never any interference by him. “The applicant is abusing the process of law and indulging in forum shopping as similar allegations made by him were completely rejected by Delhi High Court,” the application stated.
“The applicant has vaguely stated that there are short comings in the investigations and in the chargesheet filed, without even knowing the details,” the application said.