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BJP leader Subramanian Swami before a delhi Court filed a PIL under Section 301 (2) CrPC to ascertain any shortcomings if any in the Sunanda Pushkar Murder case against Congress leader Shashi Tharoor. The Section 301(2) of CrPC provides that any private person can instruct a pleader to prosecute a person in any court. In the matter against tharoor where Sunanda Pushkar,wife of Congress leader was found dead in a suite in Leela Hotel in south Delhi on January 17, 2014. Tharoor has been booked under sections 498A (husband or his relative subjecting a woman to cruelty) and 306 (abetment of suicide) of the Indian Penal Code.
The Delhi Police Commissioner in year 2016 had ordered a vigilance enquiry to ascertain shortcomings in the probe. The same was published in a newspaper. Swamy relied on the newspaper report and sought direction to the police to produce the vigilance enquiry report and satisfy the court that the shortcomings pointed out have been considered and investigated before filing of charge sheet.
Tharoor's counsel also opposed the PIL by saying that only a victim can move such an application while Swamy was a total stranger to the case. Tharoor submitted before the court that Swamy did not seek court's permission to move such an application and assumed locus standi by himself. Swamy, on the other hand, contended that as per Section 255 CrPC, it is not provided that the prosecution shall only be conducted by the Public Prosecutor and Section 301 CrPC uses the expression 'any private person'.
The delhi court however dismissed swamy’s PIL by saying that mere filing of a PIL for a thorough probe into Sunanda Pushkar death case does not give any right to senior BJP leader Subramanian Swami to move an application for ascertaining if all the shortcomings pointed out in a vigilance inquiry have been considered by the police before the filing of charge sheet. The court also explained that the term “Any private person” used in Sec 301 of Crpc cannot include a total stranger to the case.
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