Read Time: 09 minutes

Discharging Indian National Congress leader Shashi Tharoor in a criminal case regarding the death of his wife Sunanda Pushkar's, a Delhi Court has said that though it appreciates the investigation agencies' efforts in the case, "However, 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 order in the case, pronounced by Additional Sessions Judge Geetanjali Goel, states that at the stage of charge, the court can merely take a prima facie view on the matter and cannot enter into examination of evidence. Basis this principle, the court said that the allegations and material collected during the investigation, "even if they are taken at their face value and accepted in their entirety, do not prima facie disclose the commission of offences punishable under Sections 498-A or 306 of Indian Penal Code (IPC)." 

Tharoor faced charges of abetment to suicide and cruelty upon Pushkar. Examining the material on record, the court took the view that in the present case the material on record was "wholly or absolutely insufficient" to show any guilt on Tharoor's part. 

On the prosecution's submission that 
"where two views were possible, at the stage of framing of charge, the view favourable to the prosecution is to be taken," the Court rejecting the submission, decided that as submitted by the defense, "in the present case, only one view can be taken which points towards the discharge of the accused."

*On the charge of Abetment to Suicide*

The court took the view that for abetment to be proven there had to be instances or illustrations of instigation or aiding suicide pointed out against the accused which would be covered under ‘abetment’ as interpreted in a catena of judgments. 

However, it said that in the present case, "There is no material whatsoever against the accused much less any positive act to instigate or aid the deceased in committing the suicide, even if it is assumed that the death was a suicide. As such, it is not shown, even prima facie that the offence under S. 306 IPC is made out against the accused."

Dealing with allegations of illicit relations between Tharoor and a Pakistani journalist which were said to have distressed Pushkar, the court referred to a judgment of the Supreme Court in the case of State of Punjab v. Kamaljit Kaur alias Bholi and Another 2008 SCC Online P&H 331 and said, that it "has been held that though the deceased 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."

Further referring to a judgment in the case of Saroj Sharma v. State of Rajasthan 1998 SCC Online Raj 347, the court said that "there has to be some relationship between the act of suicide and the conduct of the petitioner, else the charge under Section 306 IPC could not be sustained against the petitioner and it was found that except for stating that there was illicit relationship between the petitioner and another person, there was no averment against the petitioner. The order framing charge against the petitioner under Section 306 IPC was set aside by the Hon’ble High Court of Rajasthan."

Judge Goel reasoned referring to the precedents that, "even in those cases where there was an illicit relationship which resulted in suicide by a spouse, in absence of anything against the accused, he had been discharged."

On Tharoor's alleged affair with Pakistani journalist distressing Pushkar

Dismissing the prosecution's submission regarding the alleged affair having distressed Pushkar to the point of instigating her to commit suicide, the court said that, "While it may be reiterated that the statements of the witnesses show that the deceased was agitated, distressed, felt betrayed and cheated due to the alleged affair of the accused with MT (the journalis), the prosecution has not brought anything on record to show that the accused had provoked, incited or induced the deceased to commit suicide."

It said, "There is nothing to demonstrate any overt act on the part of the accused and only on the ground that he continued the alleged affair with MT (even if it is assumed) and exchanged messages with her, it cannot be presumed that he had abetted the commission of suicide by the deceased."