There appears to be a criminal cover-up in the sensational Sunanda Pushkar murder case as the investigating agency sent insufficient amount of biological specimens to the laboratory of Federal Bureau of Investigation (FBI), the United States.

The low quantity of exhibits did not help the forensic sciences experts of the FBI Laboratory at Quantico, Virginia, and as a result they could not reach any conclusion to determine the presence of radioactive substances in the body of Sunanda Pushkar, wife of Congress leader Shashi Tharoor. However, the FBI confirmed Sunanda died of Alprazolam poisoning.

“Due to limited volume and generally degraded nature of the biological specimens submitted, quantisation of the identified drugs was not performed. Item 11(blood), this sample was received with low volumes, high viscosity and was degraded,” the report prepared by Chemical, Biological, Radiological and Nuclear Sciences Unit (CBRNSU) of the FBI sent to the Ministry of  Home Affairs (MHA) stated.

“The testing indicates that there were no significant sources of radioactivity that may have been caused by the presence of detectable levels of Polonium 210,” the supplementary report signed by Acting Director Mary D Rodriguez  further stated.  The 16-page FBI report, a copy of which is with The Pioneer, paints a sordid picture of the mishandling of the investigation in the murder mystery.

The FBI reported the presence of  Lidocaine which is an antiarrhythmic drug for the heart, and may cause fatality if administered intravenously. This requires further legal investigation as there was presence of injection mark on the body of the deceased. There have been reported cases of homicide by Lidocaine poisoning.

The advanced forensics report sent to the FBI has exposed the lax and criminally inefficient upkeep of vital forensic exhibits in the Central Forensic Sciences Laboratory (CFSL) and Forensic Sciences Laboratory (FSL) attitude.

The report prepared by the Medical Board of the Department of Forensic Medicine and Toxicology of All India Institute of Medical Sciences (AIIMS) questioned the haphazard and callous handing of the vital forensic evidences by the CFSL and FSL.

“This is a grave issue of concern for our legal investigation system and the legal/scientific sanctity of the viscera examination, which raises serious medical and legal apprehension about the quality of  Forensic Lab report/supervision of  legal investigation/accountability to maintain legal sanctity/custody of biological evidences in cases of death investigation”, the AIIMS report said.

“It creates doubt/lacunae in reference to various legal cases where the pangs of justice, hinge upon the findings of viscera examination report and the same is required to be examined. An appropriate legal remedial measures/action need to be instituted in this case as well as in the general interests of investigation/natural justice delivery system”, the report further stated.

“The CFSL Delhi as well as FSL Delhi had been supplied with the post-mortem report which clearly mentioned about cause of death due to poisoning and hence specific request was made to analyse the presence of Alprazolam. The viscera was analysed at CFSL and FSL. However, both of them could not detect the presence of Alprazoalm and gave negative report even when the various viscera/blood samples of the deceased were fresh with the sufficient amount of viscera, it said.

 “The FBI lab at Virginia detected Alprazolam even after a period of more than one and half years that too not only in one sample but in all the viscera samples such as stomach and its contents, spleen, liver section, half of each kidney, blood sample as well as clothing, bed cover and bed sheet”, the report mentioned.

“The Medical Board is highly afraid that this case of deceased Sunanda Pushkar may have led to a complete botched up scenario in absence of FBI report”, the AIIMS stated while questioning the capabilities of the CFSL and FSL.

As a matter of record, the Delhi Police had sent viscera (stomach, intestine, kidney, spleen), blood sample, lower and upper wearing clothes of Sunanda Pushkar, white colour bed sheet, bed cover used by Sunanda (Room No : 345 of Hotel Leela) to the FBI.

 FBI had responded to the Delhi Police with various test reports on August 5, Sept 9 and November 6 - 2015. All sent to AIIMS Medical Board on Dec 9, 2015. All communications between the FBI and the Delhi Police were done through the  MHA. Also, 18 photos of crime scene were sent to the FBI.

In every item FBI found Alprazolam - the content of the Alparax tablet.  “27 tablets inside her body…total 2 strips of 15 each in room and 3 unused.”  Apart from Alprozolam (tablets Alprax, Xnax), the FBI also found Hydroxychloroquine (Plaqeunil, HCQS-200) - prescription for anti-malarial drug - also used to reduce inflammation in the treatment of rheumatoid arthritis. They also found Lidocaine - local anesthetic item used for minor surgery.

 Radiological Protection Department of the FBI Lab also inspected the items supplied by the FBI. The levels of possible contamination are less than values in the International Air Transport Association (IATA).

Among other things that raise serious questions about the way the Delhi police handled the investigation after Sunanda’s death on January 17, 2014, was the shoddy preservation of the most crucial piece of evidence—viscera.

According to the AIIMS report, the police sent `degraded’ and insufficient quantity of viscera that came in the way of the FBI to track several possible substances that might have been used to kill Sunanda. The report has quoted the FBI lab findings (page 4) to drive home this point. The relevant portion of the FBI report said, “Due to limited volume and generally degraded nature of the biological specimens submitted, quantization of the identified drugs was not performed. Item 11(blood), this sample was received with low volumes, high viscosity and was degraded”.

The report prepared by Chemical, Biological, Radiological and Nuclear Sciences Unit (CBRNSU) of the FBI further said, “The testing indicates that there was no significant sources of radioactivity that may have been caused by the presence of detectable levels of Polonium 210”.

The AIIMS report has made a scathing comment on the way the police preserved the viscera sample and suspects there may have been a motive to botch up the probe. “This is a grave issue of concern for our legal investigation system and the legal/ scientific sanctity of the viscera examination, which raises serious medical and legal apprehensions about the quality of Forensic Lab report/supervision of legal investigation/accountability to maintain legal sanctity/ custody of biological evidences in cases of death investigation”, the AIIMS report said.

“It creates doubt/ lacunae in reference to various legal cases where the pangs of justice, hinges upon the findings of viscera examination report and the same are required to be examined. An appropriate legal remedial measures/action need to be instituted in this case as well as in the general interests of investigation/natural justice delivery system”, the report further stated.

“The Central Forensic Science Laboratory (CFSL) Delhi as well as FSL Delhi had been supplied with the Post-Mortem report which clearly mentioned about cause of death due to poisoning and hence specific request was made to analyze the presence of Alprazolam. The viscera were analyzed at CFSL and FSL. However both of them could not detect the presence of Alprazoalm and gave negative report even when the various viscera/blood samples of the deceased were fresh with the sufficient amount of viscera, it said.