Delhi HC dismisses Swamy's PIL seeking fresh probe into Sunanda's death

Delhi HC dismisses Swamy's PIL seeking fresh probe into Sunanda's death
BJP parliamentarian Subramanian Swamy suffered a major setback as the Delhi High Court on Thursday dismissed his plea seeking a court-monitored probe into the death of Congress MP Shashi Tharoor's wife Sunanda Pushkar in 2014.

A bench of Justices S Muralidhar and I S Mehta castigated Swamy by observing the court was left with the “distinct impression” that this was perhaps a "textbook example of political interest litigation" camouflaged as a public interest litigation (PIL).

The bench also stated that from whatever was placed before the court, it was not sufficient to persuade them that the investigation carried out by the SIT was botched up or done under the influence of any party.

The court was also of the view that Swamy did not share information on the basis of which he had made "sweeping allegations" against the former Union minister and the Delhi Police.

The court said the BJP leader came forward to file an affidavit to disclose his source or reason for levelling serious charges against Tharoor and the police.

"Although Subramanian Swamy claimed he has not concealed any data or information, when asked specifically about the basis of his allegations in the petition, his response was to seek time to file affidavit thereby clearly showing that what was to be disclosed at the first instance was not done," the court observed.

The judges insisted that the "courts need to be careful that judicial process is not used by political persons for their own purposes. This is not to say that political persons cannot file PILs, but courts have to be extra cautious when allegations are made against other political persons".

The Centre and the Delhi Police, in the process of hearing, had distanced themselves from allegations the BJP leader had made to demand a fresh probe into Pushkar's mysterious death at a five-star hotel in the national capital on January 17, 2014. Tharoor retweeted media posts on the Delhi High Court order and other reactions.

One retweet was on judges observation: "Courts need to be careful that judicial process is not used by political persons for their own purposes." The other retweet was: "Time to Seek an Apology From Swamy on Sunanda Pushkar Case?"

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