Source : INDIA TODAY NEWS
The Bombay High Court on Thursday raised serious questions over the investigation into the death of Disha Salian, observing that her father, Satish Salian, deserved closure through a lawful and proper probe.
Hearing Satish Salian’s petition, a bench of Justices S.V. Kotwal and R.R. Bhonsale questioned the Maharashtra government over alleged procedural lapses and suspicious circumstances surrounding the inquiry into his daughter’s death.
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The court scrutinised the Accidental Death Report, or ADR, inquiry conducted under Section 174 of the CrPC, particularly its reopening several years after the initial investigation.
Public Prosecutor Shishir Hiray told the court that the initial report, accepted in February 2021, was reopened for reassessment in December 2023 amid public doubts.
Questioning the legal basis for reopening the inquiry, the bench asked how the proceedings could be restarted under Section 174 of the CrPC.
“How did you restart? Where does it say under section 174 CrPC? There is a grey area,” the court observed.
The bench also questioned the legal value of an inquiry that continued for years, noting that such proceedings could not serve as conclusive evidence during a trial.
“So what is the sanctity of the investigation that you conducted for 6 years?… It is all a waste,” the court remarked.
The High Court further pointed to alleged gaps in the initial spot inquiry, including the absence of direct CCTV footage covering the location from where Disha Salian allegedly fell. It also noted discrepancies in witness statements regarding a locked door, despite no physical damage being recorded in the panchnama.
The court also examined concerns over the post-mortem procedure. It noted that state guidelines require autopsies in such cases to be conducted by two doctors, while the post-mortem in Salian’s case was reportedly conducted by one doctor.
When the prosecution argued that Salian’s father approached the court after a delay of four years and had not initially raised allegations, the bench said his state of mind following his daughter’s death had to be considered.
“He was in a state of shock, he may not be in the right… You also reopened after 3-4 years. Why are you closing the option of investigation altogether?” the court asked.
Rejecting arguments related to political allegations, the judges stressed that their focus remained on the father’s plea and the investigation.
“We do not care about the politicians. We are concerned with his case… We are purely on the investigation. A father has lost his daughter,” the bench observed.
The court also noted that an inquiry into an alleged suicide must examine the possibility of abetment and stressed the need to follow proper procedure to bring finality to the case.
“We are on the point that there has to be closure by following proper procedure,” the bench said.
Arguments in the matter will continue on Friday. Lawyers representing Shiv Sena UBT leader Aditya Thackeray, who has intervened in the case, may also be permitted to present their arguments.
Satish Salian’s petition seeks the registration of an FIR and makes allegations against Thackeray, among others.
Disha Salian died on June 8, 2020, after falling from a residential building in Mumbai, according to the case records. Mumbai Police had registered an ADR. Salian had worked as the manager of actor Sushant Singh Rajput, who was found dead days later.
In his petition filed before the High Court earlier this year, Satish Salian alleged that his daughter was gang raped and murdered and accused the police of failing to register an FIR. The allegations remain subject to legal proceedings and investigation.
– Ends
SOURCE :- TIMES OF INDIA
