Sunanda Pushkar case: Tharoor questions Petitioner’s locus to challenge anticipatory bail

Congress leader Shashi Tharoor as well as the Delhi Police, today, raised questions on the locus-standi of the Petitioner in a plea seeking cancellation of anticipatory bail granted to Tharoor in Sunanda Pushkar murder case..The petition by one Deepak Anand, which seeks to quash a July 5 order by Additional Session Judge Arvind Kumar granting anticipatory bail to Tharoor, was listed for hearing before Justice RK Gauba..Appearing for Delhi Police, Standing Counsel for Delhi Government Rahul Mehra, nonetheless, supported the Petitioner in so far as he challenges the grant of anticipatory bail..“In a case where chargesheet is filed, Sessions Court did not have the power to grant anticipatory bail.. The first question (however) is who is Deepak Anand? I don’t think there is locus.”, Mehra said..Senior Advocate Vikas Pahwa, appearing for Tharoor, argued that the Petitioner had “absolutely no stand”, hence his petition was not maintainable..The petition has contended that the anticipatory bail was “passed dehors the provisions of Code of Criminal Procedure and in utter violation of the law laid down by the Hon’ble Supreme Court of India”. It states that the Additional Sessions Judge failed to appreciate that Tharoor did not have any apprehension of arrest in terms of Section 438 CrPC..Petitioner-in-person, Deepak Anand also argued that anticipatory bail can only be filed during the investigation or prior to investigation, and not after the issuance of the summoning order..The anticipatory bail application was thus filed “to bypass and short-circuit the procedure laid down in CrPC”, the petiton reads..After the Delhi Police filed its charge sheet against Tharoor in May 2018, the Chief Metropolitan Magistrate, in June 2018, issued summons for Tharoor’s appearance on July 7, 2018..However, anticipatory bail was granted to Tharoor on July 5, 2018, by the Court of Additional Sessions Judge..Soon after, Special CBI Court presided by Additional Chief Metropolitan Magistrate Samar Vishal, who is presently seized of the matter, granted regular bail to Tharoor on the day of his appearance..The Petitioner claims that the July 5 order “has potential to further shake the faith of the legal fraternity as well as that of the masses in general in the justice delivery system of the country”..The matter would be next heard on October 9..Read the Petition: