Court Directs CBI Investigation

The Bombay High Court on Wednesday ordered the Central Bureau of Investigation (CBI) to register an FIR and conduct a probe into the death of Disha Salian, a former celebrity manager, who died in June 2020. The order came on a petition filed by her father, Satish Salian, who alleged lapses by the Mumbai Police in the investigation into his daughter's death.

A bench comprising Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale directed the CBI to record the statement of Satish Salian, appoint a senior officer to conduct the investigation, and take custody of all relevant records from the Malvani Police Station, as confirmed by Advocate Nilesh Ojha, who represented Salian.

The bench said that the investigating officer shall register an FIR and conduct the investigation regarding all aspects surrounding the circumstances in which Salian's daughter lost her life. The court also clarified that "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."

Background of the Case

Disha Salian, 28, died on June 8, 2020, after falling from the 14th floor of a residential building in Mumbai's Malad area. She had worked as a manager for late actor Sushant Singh Rajput, who died on June 14, 2020, in his Bandra residence. The Mumbai Police registered an Accidental Death Report (ADR) and, following an inquiry, concluded that her death was a case of suicide, as reported by several outlets.

However, her father, Satish Salian, filed a petition in the High Court last year alleging that his daughter was gang-raped and murdered, and that there was a politically orchestrated cover-up to protect certain influential persons. He also sought an FIR against Shiv Sena (UBT) leader Aaditya Thackeray, as reported by The New Indian Express and The Times of India.

Advocate Nilesh Ojha, representing Salian, alleged that influential individuals and certain senior police officers were involved in suppressing the case despite legal provisions mandating the registration of an FIR. He also raised doubts about the post-mortem report, claiming it "prima facie looks bogus" because the face appeared intact despite the alleged fall from the 14th floor.

Court's Observations on Police Handling

During earlier hearings, a division bench of Justices Bharti Dangre and Manjusha Deshpande raised concerns over the registration of only an ADR and not an FIR despite the family's allegations of murder. The court also observed that copies of the post-mortem report and ADR had not been provided to the family even after five years of Disha's death, as reported by ANI.

Advocate Ojha, speaking to ANI after one hearing, said the court had "severely reprimanded the police" and questioned why an FIR was not registered when the family had lodged a complaint alleging gang rape and murder. He also claimed the court found the police's theory of suicide inconsistent with the material on record, noting that photographs from the funeral showed the body appeared intact despite the alleged fall.

Justice Dangre had directed the petitioner to submit a chronological list of events constituting a cognisable offence, after which the respondents, including the state government through the Mumbai Police, would respond.

State's Stand and Court's Response

The state government has maintained that inquiries into her death suggested it was a case of suicide and there was no foul play. The state also questioned the delay of over five years in filing the petition. However, the court observed that Disha's parents may not have recovered from the shock of losing their daughter, which could explain the delay, and noted that authorities themselves had reopened the inquiry after three to four years, as reported by Free Press Journal.

Reactions to the Order

Following the order, Satish Salian was visibly emotional, saying, "I have been waiting for this for 6 years... I feel relieved today." He expressed confidence that the truth would emerge through the investigation.

Advocate Ojha said the court has made it clear that action will be taken against anyone against whom evidence is found, and no one will be named an accused without evidence. He added that if the CBI files a closure report, they have the right to object and file a protest petition.

BJP MLA Ram Kadam said the judiciary had finally delivered justice to the Salian family. He alleged an attempt to shield influential persons and targeted the previous Maharashtra government led by Uddhav Thackeray, saying, "The Uddhav Thackeray government of that time committed the misdeed of trying to hush up this case to save some big leader." These statements were reported by Republic World and The Tribune.

The court said that if the investigation reveals no case is made out, the CBI shall file an appropriate summary report before the court concerned, and Satish Salian would be at liberty to challenge that report. The court also directed that the offence be registered under the Bharatiya Nyaya Sanhita, as reported by Times Now.