NEW DELHI: The Delhi High Court on Tuesday dismisses a plea filed by a lawyer seeking the cancellation of Congress leader Shashi Tharoor's bail in connection with the death of his wife Sunanda Pushkar.
The plea was filed by advocate Deepak Anand seeking the cancellation of Tharoor's anticipatory bail which was granted by a sessions court on July 5.
However, Tharoor had said that the plea is not maintainable as the petitioner has no locus standi. Tharoor's counsel and senior advocate Vikas Pahwa had told the court in September that law has granted the right to the accused to move anticipatory bail apprehending arrest and that the sessions court has the power to deal with it.
While Delhi Police had supported the plea, it had questioned the petitioner's stand on filing the plea. "I am supporting him provided he proves his locus," Delhi Police's standing counsel Rahul Mehra had said.
Mehra claimed Tharoor`s application was filed to bypass the procedure laid down in the law. He said Tharoor should have first gone to the magisterial court that had summoned him as an accused to seek bail.
Tharoor has been charged under sections 498A (husband or his relative subjecting a woman to cruelty) and 306 (abetment of suicide) of the Indian Penal Code (IPC), but has not been arrested in the case.
He was granted regular bail on July 7 after he appeared before the court in pursuance to the summons issued against him. He was summoned by the court had on June 5 after it observed that there was sufficient evidence to proceed against him.
Sunanda was found dead in a suite of a luxury hotel in Delhi on January 17, 2014. The couple was staying in the hotel as the official bungalow of Tharoor was being renovated at that time.
The court had directed the Delhi Police to hand over various documents filed along with the charge sheet, including statements of witnesses, to Tharoor on a plea moved by him.
As per the court orders, the Delhi Police had in September handed over copies of all the evidence, including electronic and documentary proof, to Tharoor. The documents included statements of various witnesses recorded in the case.