Court rejects plea challenging anticipatory bail to Shashi Tharoor

NEWDELHI: The Delhi high court on Tuesday rejected a plea challenging the anticipatory bail granted to Congress MP Shashi Tharoor in connection with his wife Sunanda Pushkar’s death.

Justice R K Gauba dismissed the petition and said he would give reasons later for the declining to hear the plea.

The court’s decision comes on a plea filed by an advocate Deepak Anand, challenging the decision of the trial court granting anticipatory bail to Tharoor after he was accused of abetting the suicide of his wife.

The single-judge bench asked the petitioner to give reasons and findings to show that his plea was maintainable.

“Show why should your plea be entertained,” the court said. However, unconvinced with the replies of the lawyer, the court asked him not to “beat around the bush” nor make “statements in the air” and declined to hear the plea.

Appearing for Tharoor, senior advocate Vikas Pahwa, contended the plea was not maintainable as the petitioner did not have the locus to file such a petition. He said if such a plea is entertained then it would open a Pandora’s box and anyone, not associated with a case, would move the high courts challenging a trial court’s decision.

The Delhi government’s senior standing counsel Rahul Mehra, appearing for the police, also opposed the maintainability of the plea, but said that there was “no reasonable apprehension” that Tharoor would be arrested if he was to appear before the magisterial court pursuant to the summons issued to him.

The plea by Anand had said the trial court had summoned Tharoor but instead of appearing before the court, he moved to the court of the additional sessions judge for anticipatory bail, which was granted.

Urging the court to set aside the sessions court’s order, the petitioner had alleged the relief was granted to Tharoor in utter disregard of the provisions of CRPC and by ignoring the law laid down by the Supreme Court.