New Delhi: Senior Advocate Vikas Pahwa, counsel for Shashi Tharoor, on Friday opposed the application of BJP leader Subramanian Swamy in the sessions court seeking to be a part of Sunanda Pushkar trial under Section 301 of the Code of Criminal Procedure (CrPC), 1973.
Pahwa in the court stated that Swamy will be treated as a stranger in the case as he is neither the complainant nor the victim. He told the court that Swamy does not have any locus in the case.
After taking the note of the matter, the judge Arun Bhardwaj listed the matter for hearing on April 26.
Besides that, the judicature also asked Tharoor to file his response to Swamy’s petition under Section 301 of CrPC.
Pahwa also argued against prosecutor Atul Shrivastav’s plea seeking the supply of certain documents in the case to third parties.
The CrPC, as well as the Delhi High Court Rules, do not recognise the right of a third party to seek documents in a criminal trial, he submitted.
Nobody has the entitlement to the documents other than the party,” Tharoor lawyer responded to Bhardwaj’s plea.
He also raised apprehensions of a media trial in the matter if the dossiers are accessed by the media via third party. Phawa stated that it would be a violation of the right to fair trial, the right to privacy and other Constitutional rights of the accused.
The Patiala House Court will further hear the arguments in the matter on April 12.