Pushkar was found dead under mysterious circumstances in a suite of a Delhi’s five-star hotel on the night of January 17, 2014. Photo: PTI

The Supreme Court (SC) on Friday issued a notice to Delhi Police on BJP leader Subramanian Swamy's petition seeking a court-monitored SIT probe into the mysterious death of Congress MP Shashi Tharoor's wife Sunanda Pushkar.

"Leaving the question of maintainability open, let notice be issued," ordered a bench of Justices Arun Mishra and A M Khanwilkar.

The bench was on January 31 surprised to hear that probe was not over even after four years of the incident.

Pushkar was found dead under mysterious circumstances in a suite of a Delhi's five-star hotel on the night of January 17, 2014.

"So what is the conclusion of police? Natural death or they say there was some foul play they must have reached some conclusion," Justice Mishra had asked Swamy, who had moved SC against the Delhi HCs dismissal of his plea.

Swamy then replied, "This is precisely my point your lordship, they are delaying things for some unknown reason..they are yet to conclude it (probe) despite the post-mortem and autopsy reports saying it was a case of unnatural death."

Friday's notice was sudden as the bench on the last date of hearing did not allow Swamy to argue on merits of the case questioning his locus in the case.

Swamy had to convince the court about the maintainability of his petition. The HC had on October 26 rejected Swamy's plea for a court-monitored probe terming his PIL as a "textbook example of political interest litigation."

The HC had also said that Swamy had concealed his political affiliation as well as that of Tharoor in his petition as these facts were important to the adjudication of the case.

Regarding the courts questioning his locus (right to file the petition) being a politician, Swamy said, "I have already appeared in many matters, including Jayalalithaas case as a politician. Courts have not objected to it."

Swamy claimed that it took nearly one year for the police to lodge FIR in the case and the post-mortem report said that Pushkar had died an unnatural death.

Swamy, in his plea, alleged that the police had "botched up" the probe, and accused Tharoor of "interfering" in the investigation even when he was a minister in the UPA regime.

But, the Centre and the police said they do not subscribe to Swamys views.

Also watch: Sunanda Pushkar death: Shashi Tharoor questioned by SIT