The Bombay High Court on Wednesday ordered the Central Bureau of Investigation (CBI) to register an FIR and take over the investigation into the death of Disha Salian, former manager of actor Sushant Singh Rajput, who died in June 2020. A bench of Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale directed Mumbai Police to hand over all case records to the CBI and ordered that the probe be conducted by a suitably experienced and senior officer. The court also pulled up Mumbai Police over the manner and duration of its investigation, saying it had continued for about six years without an FIR being registered. The bench observed that the police investigation “raises more questions than it answers” and said a CBI probe was necessary. The 44-page judgment said there were “glaring discrepancies” in the police investigation and called for a “proper and substantive” probe. “In this case, we are of the opinion that the police had sufficient opportunity to investigate the offence, but they have not registered the FIR and have not carried out the investigation of a cognisable offence,” the court said. Reacting to the order, Salian’s father Satish Salian, who has pursued the case for six years and alleged that his daughter was murdered, said he felt “relieved” but had no reason to celebrate after losing his daughter. “I have been waiting for this for 6 years. There is no reason to be happy. I have lost my daughter. I feel relieved today. That's all,” he told reporters, adding that he had folded his hands and thanked the judge.
What is the case?
Disha Salian was found dead on June 8, 2020, after falling from the 14th floor of a residential building in Mumbai’s Malad area. Mumbai Police registered an Accidental Death Report (ADR) and, after an inquiry, maintained that she had died by suicide. Salian’s father challenged the police’s handling of the case and approached the Bombay High Court, alleging that his daughter had been gang-raped and murdered. He also alleged a politically orchestrated cover-up to protect influential people and sought registration of an FIR and a CBI investigation, including into allegations against Shiv Sena (UBT) MLA Aaditya Thackeray. The high court, however, made it clear that it was not expressing any opinion on the allegations against any individual. It said the CBI would have to determine whether the evidence gathered during its investigation warranted treating anyone as an accused. The court pointed to several aspects of the investigation that it said required closer examination. One issue was the spot panchnama, or the record of the scene where Salian’s body was found, which the court noted had been conducted belatedly. The bench also questioned the absence of blood at the spot. It raised doubts about whether the injuries recorded in the case were consistent with a fall from such a height. “If the deceased had fallen on her face from the 12th floor, then it is difficult to accept that there was only one injury on the chin of the body. Not a single facial bone was fractured. We find this difficult to accept,” the court said, as quoted by PTI. During an earlier hearing, the court had also questioned how a fall from such height could result in such limited injuries. The prosecution had argued that Salian suffered severe facial, skull and rib fractures and that rain could have washed away blood from the spot. The court noted that the rain cited by the prosecution had occurred several hours after the incident. The bench also noted an apparent discrepancy concerning Salian’s clothing. It observed that while the panchnama and post-mortem report stated that her body had no clothes, photographs from the hospital and morgue appeared to show her wearing clothes. “There is room for reasonable doubt in all these aspects. However, we are not drawing any conclusion at this stage,” the court said. The court had also earlier questioned why Mumbai Police had registered only an ADR despite the allegations raised by Salian’s family. It noted that copies of the post-mortem report and ADR had not been provided to the family even years after her death. Salian’s lawyer Nilesh Ojha had alleged discrepancies in the post-mortem report and argued that an FIR should have been registered on the basis of the allegations and material placed before the authorities.
What has the HC ordered?
The High Court directed the CBI to record Satish Salian’s statement and register an FIR. Mumbai Police was ordered to hand over all papers and records relating to the case to the central agency “forthwith”. The CBI has been asked to appoint a suitably experienced and senior officer to investigate the case. The court also imposed an important safeguard: no individual can be treated as an accused merely on the basis of the allegations made before the court. “Nobody shall be treated as an accused unless in the opinion of the investigating officer there are sufficient grounds to raise reasonable suspicion against him depending on the material collected during the investigation,” the court said. The bench also said that if the investigation finds that no criminal case is made out, the CBI must file an appropriate summary report before the competent court. “In case the investigation reveals that no case is made out, then the CBI shall file the appropriate summary report before the court concerned,” it said. Satish Salian will be free to challenge such a report and file objections before the court. The high court described Salian as an “unfortunate” father who had lost his young daughter in “tragic circumstances” and said the matter required a substantive investigation. At the same time, it refrained from commenting on the allegations made against specific individuals. Satish Salian’s petition sought an FIR and investigation into allegations against Shiv Sena (UBT) leader Aaditya Thackeray, son of former Maharashtra chief minister Uddhav Thackeray. The court however did not make any adverse finding against Thackeray and said it was for the investigating agency to examine the evidence. Thackeray had separately approached the high court seeking to intervene in the proceedings. In his application, he described Satish Salian’s petition as “false, frivolous and motivated” and sought an opportunity to be heard before any order was passed.
Sushant Singh Rajput 'link'
The case has also drawn attention because Salian had briefly worked as a manager for actor Sushant Singh Rajput. Rajput was found dead at his Bandra residence on June 14, 2020, six days after Salian’s death. The proximity of the two deaths led to widespread speculation, although the cases were investigated separately. A CBI probe was also ordered into Rajput’s death. The agency subsequently filed a closure report stating that he died by suicide; the concerned court is yet to decide on the report. The latest order does not establish that Salian was murdered or that the allegations made by her family are true. It instead directs a fresh investigation by the CBI after finding that the police probe contained issues that, in the court’s view, warranted further examination.
