Delhi HC Junks Swamy’s ‘Political’ Interest Litigation For SIT Probe Into Sunanda Pushkar’s Murder [Read Order]
7 years, 5 months ago

Delhi HC Junks Swamy’s ‘Political’ Interest Litigation For SIT Probe Into Sunanda Pushkar’s Murder [Read Order]

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The Delhi High Court on Thursday dismissed what it termed ‘political’ interest litigation filed by BJP leader Subramanian Swamy and advocate Ishkaran Bhandari seeking SIT probe into the “mysterious” death of Sunanda Pushkar, the wife of Congress MP Shashi Tharoor while stopping short of imposing cost on them for withholding information and facts from the court and also cautioning. The Delhi High Court on Thursday dismissed what it termed ‘political’ interest litigation filed by BJP leader Subramanian Swamy and advocate Ishkaran Bhandari seeking SIT probe into the “mysterious” death of Sunanda Pushkar, the wife of Congress MP Shashi Tharoor while stopping short of imposing cost on them for withholding information and facts from the court and also cautioning against making the PIL public even before the same comes up before the court. ** PILs to conform to HC rules, affidavit stands amended Noting that PILs filed in the Delhi High Court have to conform to the Delhi High Court Rules, 2010, the bench observed that Swamy and Bhandari filed identical affidavits that they have not concealed any information from the court but went on to seek more time to file another affidavit when asked about the basis of allegations made in the PIL. This is a basic requirement of any writ petition that is supported by an affidavit.” **Affidavit proforma amended Although the proforma affidavit devised by the Delhi High Court as part of the PIL Rules does not specifically require the petitioner to do so, the court considers this to be an appropriate occasion to direct that hereafter, if not already done, every writ petition filed in the registry should be supported by an affidavit which, apart from complying with the legal requirements in terms of the governing rules of the high court, should clearly state which part of the averments made is true to the petitioner’s personal knowledge derived from records or based on some other source and what part is based on legal advice which the petitioner believes to be true.

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