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Above: BJP MP  Subramanian Swamy  (file picture). Photo: UNI

Court cautions BJP MP, says such PILs are more political interest litigations

The Delhi High Court bench of Justices S Murlidhar and I S Mehta on Thursday (October 26) termed BJP MP Subramanian Swami’s PIL wanting a court monitored time bound investigation in the Sunanda Pushkar death case a political interest litigation rather than a public interest litigation and dismissed it outright.

The bench, in dismissing the PIL, maintained that Swami had no locus standi whatsoever in the case and observed: “This is a good example of a political interest litigation…”

The court also said that Swami and his counsel Bhandari should be careful before filling such petitions in future. However, no cost was imposed upon them.

The bench came down heavily on Swami, questioning him on his locus standi in the petition and about the serious allegation he put on Sashi Tharoor and upon the Delhi Police investigation.

“What is your formula from where you have got so much information and you are also questioning the investigation of the SIT,” the judge asked Swami.

The court, while hearing this case had not taken lightly to the fact that the final report has not been filed even three-and-a-half years after the death by Delhi Police. On August 30 the court had given Delhi Police two weeks to come up with the status report, failing which, the had court warned, “we will look into it”.

In the hearing before that Sunanda Pushkar’s son Shiv Menon had said that he was highly concerned about the steps taken. The court had said that he and the petitioner should exchange the copies of their applications. It may be recalled that Menon had objected to Swamy’s intervention and had questioned his locus standi in this case.

—India Legal Bureau

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