The Bombay High Court on Monday stayed the trial in the alleged Jiah Khan suicide case till it decides on a plea by the CBI challenging the Maharashtra Government’s decision to appoint a special public prosecutor in the case.
Hearing a plea by the CBI challenging Dinesh Tiwari as a Special Public Prosecutor iin the case, the High Court asked the lower court not to proceed with the trial till such time it decided on whether the State Government could appoint a public prosecutor in case where the CBI was the prosecuting agency.
While putting on hold the ongoing trial in the alleged alleged Jiah Khan suicide, Justice AK Menon observed “This is a matter that involves two agencies (the police and the (CBI). There are larger issues involved. The High Court will have to consider if the Government can appoint a special prosecutor in a case where the prosecuting agency is the CBI.”
CBI counsel Hiten Venegaonkar informed the High Court that the trial court was not even allowing the CBI prosecutor to argue or say something after the State Government appointed a special prosecutor in the case.
“The special prosecutor appointed is the same lawyer, who represented the victim’s mother Rabia Khan, in her petition against the CBI probe in the case,” Venegaonkar said.
Venegaonkar argued that since Tiwari was assisting the deceased actress’ mother Rabia Khan in her legal fight at the sessions and High Court, thus there was direct conflict of interest, if allowed to carry out the trial.
The CBI counsel said that since the alleged Jiah Khan suicide case was being investigated by the CBI, the Centre was authorised to appoint the prosecutor to conduct the trial instead of the Maharashtra Government.
After hearing the arguments by the CBI Counsel, Justice Menon said “This issue will require consideration... can the State Government impose a special prosecutor on the CBIIJ.”
While staying the trial in the lower case till June 26, Justice Menon said, “We request the Advocate General to appear in the matter next week. Till the next date of hearing, the Sessions court shall not proceed with the case before it.”
It may be recalled in February 9 this year, the Bombay High Court had cleared the decks for the start of the trial in the alleged Jiah Khan case after rejecting Rabia Khan’s plea alleging that her actress-daughter’s death was a homicide and not a suicide as contended by the CBI and demanding a court-monitored SIT probe into the death.
Jiah Khan (25), allegedly hanged herself at her Juhu residence on the night of June 3, 2013. Jiah’s body was discovered by her mother Rabia Amin Khan.
Twenty-one-year-old Suraj, who was the last person, whom Jiah had spoken to on the night of June 3, 2013 before she committed suicide by hanging herself later that night, was arrested on June 10, 2013 and booked under IPC section 306 of Indian Penal Code for allegedly abetting Jiah’s suicide.
Suraj had been arrested on the basis of a letter, purportedly written by Jiah, which was found by her mother Rabiyah Khan and her sister from Jiah’s bedroom, three days after her the actress’ suicide.
However, Jiah’s mother Rabia moved the High Court seeking a CBI probe into her daughter’s death on a strong suspicion that her daughter had been murdered.
Rabia has all along been suspecting all along that Jiah might have been hanged after being killed. She had also produced a private forensic opinion to buttress her case.
In her latest petition before the high court, Rabia urged the court to appoint an SIT on the ground that there were several anomalies in the charge sheet filed by the CBI in December last year.