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The Delhi High Court bench of Justices G S Sistani and Chander Shekhar on Monday (July 24) took up the petition of BJP MP Subramanian Swamy asking for the speedy resolution of the case of death of Sunanda Pushkar, wife of Congress MP Shashi Tharoor.

The court also took up the intervening petition filed by Pushkar’s son Shiv Menon, asking for the locus standi of Swamy in the case.

Menon’s counsel said that Menon had some issues in his petition. They were:

  • Swamy has no locus standi, he is just doing it for publicity.
  • Secondly, he prays that the investigation report should be filed in court only and not to be given to the petitioner and the investigation report only shared by the family member with the permission of the court.
  • Thirdly, he prays that the case regarding information or the investigation related information should not be shared or disclosed on any website, Facebook or Twitter.
  • Fourthly, he prays for the time bound investigation under the court supervision should be conducted in the Sunanda Pushkar case.

At the last hearing Delhi Police standing counsel Rahul Mehra had requested some more time to file the status report as ordered by the court. That would be presented by August 1.

On Monday the bench asked Menon: “Why are you here?” The respondent says: “I am the 24-year-old son of the deceased.”

The bench asked: “You said, ‘I am affected by the order of the prayer’. Why are you affected?” the bench also asked “You said you want effective investigation in the case. We have not even issued notice in this case.”

Menon’s counsel said: “They will file the status report in the case. I should be given the opportunity for getting the status report. They have not allowed me to see the case diary. A third party who has no interest in the case is showing interest in the case. They are circulating all the case related information on Facebook, Twitter and websites. I am only challenging the intentions of the petitioner.”

“Is everything going on for the past three years?” asked the bench.

The bench clarified: “We can’t stop anybody unless there are good reasons. When the matter came up you were not here. And don’t bother with the newspaper report. What has been said is in the media already.”

Menon’s counsel asked whether the copy of the status report will be published on the website. The bench said no, Mehra also said it will not happen.

The court said that it will ask Swami what his locus standi is when he comes to court. The court also wondered aloud as to why no chargesheet has been filed into the case despite three-and-a-half years having passed.

Matter will be heard on August 1.

—India Legal Bureau​

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