New Delhi: Congress leader & Lok Sabha MP, Shashi Tharoor was acquitted by a Delhi Court in the case of the death of his wife Sunanda Pushkar. Tharoor expressed his relief and thanked the court after the order was pronounced. 


During a virtual hearing, special judge Geetanjali Goel pronounced the order in the presence of Tharoor himself, senior advocate Vikas Pahwa who was appearing for Tharoor & additional public prosecutor Atul Srivastava. 


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Sunanda Pushkar was found dead at a five-star hotel in New Delhi in January 2014, the following year an FIR was charged in this regard. Later in May 2018, the prosecution had charged him with abetment to suicide and martial cruelty under sections 306 and 498A of the Indian Penal Code and later for murder under Section 302.


Beginning with the allegation of an extra-marital affair, Pahwa argued that there was no affair or relationship with any woman. 


Pahwa argued that in the course of four years, i.e. for 2014 to 2017 the prosecution failed to ascertain the cause of death. The doctors who conducted the preliminary post mortem report suspected that the case was of poisoning due to Alprazolam, but it was submitted that circumstantial evidence falls outside the autopsy room hence went beyond their jurisdiction. 


"If you cannot establish suicide, then there can be no sec. 306 case. First, you have to establish there has been a suicide. From 2014 to 2017, it has been 4 years. They have given their opinion, it's neither suicide nor homicide. Again a null in the investigation. Even when the report said there was no suicide, they registered a case under sec. 302. They don't say it's suicide. This is answer to your third category, accidental," Live Law quoted advocate Pahwa.


Pahwa had also cited the timeline of events dating back from 2014 to 2017 by relying on 3 AIIMS board reports by different doctors and 4 chemical examination reports over these years which failed to suggest the actual cause of death. 


He further stated that none of the family members of Sunanda Pushkar leveled any allegations against Tharoor and also referred to the statements of Pushkar's family members. 


However, the prosecution argued, that there are enough medical records the court needs to give the case a larger perspective.


"Court will be well within its domain to discharge an accused in such a case. The people who were able to see the dead body concluded the cause of death with great reasons and literature annexed in the reports. The investigating officers are not magicians and every question cannot be expected to be answered by them which is why we have doctors. The doctors stated that there was an oral route of poisoning. However, it was also found that injectable route is also there," the prosecution was quoted as saying by Live Law.