Bombay High Court orders CBI FIR in Disha Salian death case
The Bombay High Court on Wednesday, September 2, ordered a CBI probe into the 2020 death of Disha Salian, former manager of late actor Sushant Singh Rajput, and criticised the Mumbai Police for not registering an FIR despite investigating the case for nearly six years.
A bench of Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale said the police investigation “raises more questions than answers” and held that a fresh investigation by the Central Bureau of Investigation was necessary.
The court directed the CBI to register an FIR, record the statement of Salian's father Satish Salian and take over the case papers from Mumbai Police. It also directed the agency to appoint a suitably experienced and senior officer to investigate the matter.
The court, however, clarified that no person should be treated as an accused unless the investigating officer finds sufficient material giving rise to reasonable suspicion against them.
Disha Salian died on June 8, 2020, after falling from the 14th floor of a residential building in Mumbai's Malad area. Mumbai Police had registered an Accidental Death Report (ADR) and later concluded that the death was a case of suicide.
The High Court noted several alleged gaps in the police investigation, including the delayed preparation of the spot panchnama. It also raised questions over the absence of blood at the spot and the nature of injuries suffered by Salian.
“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.
The bench said the police had sufficient opportunity to investigate a cognisable offence but had neither registered an FIR nor conducted such an investigation.
“In the present case, the investigation went on for about six years. The investigation carried out by the police raises more questions than it answers. Therefore, an investigation by the CBI is necessary in this case,” the court said in its 44-page judgment.
Satish Salian had approached the High Court alleging that his daughter was raped and murdered and sought an FIR against Shiv Sena (UBT) leader Aaditya Thackeray. The High Court said it was refraining from making any observations against individuals and left it to the CBI to investigate the allegations.
The court also said that if the CBI finds that no offence has been made out, it should file an appropriate summary report before the competent court. Satish Salian would be at liberty to challenge such a report, it added.
Disha Salian had briefly worked as Sushant Singh Rajput's manager before her death. Rajput was found dead at his residence in Mumbai's Bandra area on June 14, 2020. The CBI had separately investigated his death and filed a closure report last year, concluding that he died by suicide. The concerned court is yet to decide on the report.
Aaditya Thackeray had earlier opposed Satish Salian's plea, describing it as false, frivolous and politically motivated, and sought permission to intervene in the proceedings.
