‘No evidence to convict Tharoor’

NEW DELHI: Criminal trials require evidence and there was none to convict Congress leader Shashi Tharoor, according to a Delhi court that acquitted the MP of charges that included abetment to suicide of his wife Sunanda Pushkar in its order released on Thursday.

The court said it found no material against the politician to establish that his actions led to instigate or aid her in committing suicide, assuming it as the cause of Pushkar’s death, who was found dead in a luxury hotel in south Delhi in January, 2014.

In the 176-page order released on Thursday, the court held that the material produced by the prosecution was “wholly or absolutely insufficient” and that even prima facie, there was nothing to show that Tharoor subjected Pushkar to mental cruelty of a degree that would lead to suicide.

Even though the statement of the witnesses indicated Pushkar was “agitated”, “distressed”, “felt betrayed” and “cheated” due to an alleged affair of Tharoor had with Pakistani journalist Mehr Tarar, there was nothing shown by the investigating agency to demonstrate that the former minister had provoked, incited or induced her to commit suicide, the order said.

It said that none of the medical boards had concluded that the death had happened due to suicide.

“In the present case, the deceased (Pushkar) might have felt distressed or mentally disturbed with the alleged extra marital relation of the accused but mental disturbance does not constitute the offence of abetment…,” the court said.

Pointing out holes in the prosecution’s case, the court said that while once it contended that the death was homicidal, at another instance, they argued that the death had taken place due to suicide.

“Suffice it to say that none of the reports either of medical doctors or of Psychological Autopsy Board had confirmed that the death was a suicide. Even if it is presumed that the deceased had suicidal ideations and she had committed suicide or caused grave injury or danger to life, limb or health as per the case of the prosecution…., there is nothing, even prima facie, to suggest that there was any wilful conduct on the part of the accused (Tharoor) of such a nature as was likely to drive Pushkar to commit suicide or to cause injury or danger to life, limb or health,” the court said.

It said the charge sheet was filed with a hope that perhaps the court would find some material to proceed with the trial, but “criminal trials require evidence”. “No doubt a precious life was lost. But in the absence of specific allegations and sufficient material to make out the ingredients of the various offences and on the basis of which the court could, at this stage presume that the accused had committed the offence, the accused cannot be compelled to face the rigmaroles of a criminal trial”.

The court found a similar lack of material to convict Tharoor under section 498-A of the IPC, which was invoked by the prosecution. The section punishes convicts for abetting the suicide of a woman by harassing for dowry.

Senior advocate Vikas Pahwa for Tharoor had argued that as per the studies on rats referred to by the medical boards, more than 2,000 tablets of alprax would have been needed to cause the death of the deceased whereas there was nothing in the instant case to show that she had even consumed 27 tablets at one go. Pushkar was suffering from various problems including lupus, an autoimmune disorder and was on medication for it, the court said, noting the statements of some of the witnesses who also added that Pushkar would not live long.

“The statements of the witnesses also point to the fact that she was disturbed over her health though she was more distressed over the alleged affair of the accused with Mehar Tarar,” it said. The court took note of the AIIMS Autopsy Board report which had maintained that the cause of death was poisoning and due to excessive ingestion of Alprazolam. It had not stated about the death being homicidal or suicidal or accidental.

“The Board constituted by the

Director General of Health Services had also stated that no definite opinion could be given in this regard. The Psychological Autopsy Board in the first report had stated that the death was not homicide or suicide while in its second report had stated that the deceased had suicidal ideations but did not state that it was a suicide nor there is any other material to confirm the same. As such, none of the Boards had confirmed that the death was a suicide,” it said.

The court also said that there is no “quantitative analysis” to show that Pushkar consumed 27 Alprax (a sedative) tablets at one go. “…as per the record itself and as stated by Manishi Chandra, member of the SIT on a query put to him during the course of arguments, there are no studies which could show what quantity of alprazolam would be sufficient to cause death and the same varied from individual to individual.”

The court also said that Tharoor did not make any effort so that the messages of his alleged affair with Tarar would be seen by Pushkar, so as to make his conduct “wilful” as was contended by the police.