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CBI Probe Ordered in Disha Salian Death as Bombay High Cites ' '
A division bench of the on Wednesday ordered the to register an and take over the investigation into the death of Disha Salian, the former manager of late actor Sushant Singh Rajput. The court sharply criticised the for conducting a “inadequate” and “insufficient” investigation under for six years, noting that the probe “raises more questions than it answers.”
A Father's Six-Year Wait for Justice
The petition was filed by Satish Salian, Disha’s father, who claimed that his daughter’s death on , was not a suicide but a murder following a gang rape. He alleged that powerful individuals were involved and that the police deliberately covered up the crime. The had registered only an and, after two rounds of investigation, concluded it was a suicide. Unsatisfied, Satish approached the High Court seeking a CBI probe and registration of an .
The bench of Justice Sarang V. Kotwal and Justice Ranjitsinha Raja Bhonsale acknowledged Satish as an “unfortunate father” and decided to examine only the core prayer: transfer of investigation to the CBI.
in Police Probe
The court highlighted multiple “ ” in the police investigation that warranted a fresh, substantive probe. Among the key issues:
- Belated : The at the flat where Disha fell was conducted over nine hours after the incident, even though police were present at the spot shortly after the fall.
- Lack of Blood at Scene: Despite witnesses stating that blood was oozing from Disha’s head after the fall, the police did not recover any blood-stained earth from the spot. The Chemical Analyzer itself raised suspicion about the less-than-expected blood on her clothes.
- Injuries Inconsistent with a 12-Story Fall: The post-mortem revealed only a 1x1x1 cm wound on the chin and no fracture of facial bones. “If the deceased had fallen on her face from the 12th floor, then it is difficult to accept that there was only one injury of the size 1 x 1 x 1 cm in the nature of CLW over the chin. Not a single facial bone was fractured. We find this difficult to accept,” the court observed.
- Discrepancy in Forensic Samples: The court noted that while the mentioned collection of vaginal and anal swabs, the received only smears on slides, raising questions about the handling of crucial evidence.
- Police Conduct at the Scene: The court pointed out that the police initially interrogated Disha’s friend Rohan Rai and even made him remove his clothes for examination, yet this was not documented in the ADR.
Why Was Inadequate
The court explained the limited scope of an investigation under , which is only meant to ascertain the apparent cause of death. It observed that the police treated the case as a mere accidental death for six years, without ever registering an for a . “The investigation carried out by the police raises more questions than it answers. Therefore, investigation by CBI is necessary in this case,” the bench held.
The court also noted that the police had ample opportunity to register an but failed to do so. It rejected the argument that the petitioner should approach a Magistrate under , as the Magistrate cannot order a CBI probe.
Court's Directive to CBI
The High Court ordered the CBI to appoint a suitably experienced and senior officer as the Investigating Officer, who shall record Satish Salian’s statement and register an . The CBI has been directed to investigate all aspects surrounding Disha’s death without being influenced by any observations in the order. The court clarified that no person shall be treated as an accused unless sufficient material is gathered against them.
The must hand over all case papers and articles to the CBI forthwith. If the investigation concludes that no offence is made out, the CBI shall file a before the competent court, and Satish will have the right to file a .
Key Observations from the Judgment
- “The Police Officers are required to conclude the investigation under Section 174 of at the earliest to see whether registration of is necessary. This is necessary to ensure that the evidence, if any, is not destroyed or does not disappear due to passage of time.”
- “In the present case, the investigation was carried out in two stages and it went on for about six years. This is not the object of investigation under Section 174 of .”
- “If the deceased had fallen on her face from the 12th floor, then it is difficult to accept that there was only one injury of the size 1 x 1 x 1 cm in the nature of CLW over the chin.”
- “Nobody shall be treated as an accused unless in the opinion of the investigating officer there are sufficient grounds to raise against him depending on the material collected during the investigation.”
- “We have not made any observations against any particular individual. That would be strictly within the realm of the investigation.”
The High Court’s order marks a significant turning point in the long-pending case, which had been mired in speculation and allegations of a cover-up. The CBI now has the task of conducting a thorough investigation into the circumstances surrounding Disha Salian’s death.
