HC orders CBI probe into Disha Salian death

The Bombay High Court on Wednesday ordered a CBI probe into the death of Disha Salian, former manager of late actor Sushant Singh Rajput, and pulled up the Mumbai Police for failing to register an FIR for six years, observing that their probe “raises more questions than answers”.

A division bench of Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale said that an investigation cannot drag on for an inordinately long period, emphasising that a central agency probe was necessary to ensure a proper and substantive investigation into the matter.

“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 bench noted in its 44-page judgment. The bench criticised the police for treating it only as an accidental death for six years and noted “glaring discrepancies” in their investigation.

Disha Salian, who briefly worked as manager of actor Sushant Singh Rajput, died on June 8, 2020, after falling off the 12th floor of a residential building in Mumbai’s Malad area. The city police then registered an Accidental Death Report (ADR).

A week later, the actor was also found dead in his apartment on June 14, 2020, raising speculation that there could be a link between the two deaths. The uproar led to the Maharashtra government ordering a CBI probe into Rajput’s death.

The agency submitted its closure report stating that the deceased had died by suicide, but the report is yet to be heard by the court concerned.

The high court asked the CBI to register an FIR and record the statement of Disha’s father, Satish Salian, but clarified that no person shall be treated as an accused until and unless there is sufficient material gathered against them during the probe.

While Satish Salian sought an FIR against Shiv Sena (UBT) leader Aaditya Thackeray, the high court refrained from making remarks against any individual, noting it was up to the central agency to investigate the case. Thackeray has denied all allegations. Disha’s father had raised suspicion about the circumstances in which she died in 2020 and approached the HC.

The high court, in its judgment, said it was of the opinion that the police had sufficient opportunity to investigate the alleged offence, but they have not registered an FIR and have not carried out the investigation of a cognisable offence.

The high court on Wednesday ordered the Mumbai police to hand over all Disha Salian death case papers to the CBI forthwith.

“In case the investigation reveals that no case is made out, then the CBI shall file the appropriate summary report before the court concerned,” the bench said.

Satish Salian would be at liberty to challenge the report, the high court said.

The HC in its order noted that Salian was an “unfortunate” father of a young daughter who lost her life in “tragic circumstances” and that the case required substantive investigation.

The court pointed out certain lacunae in the investigation carried out by the police and said the spot panchnama (where the body was found) was conducted belatedly.

It also raised doubts about the fact that no blood was found at the spot where Disha Salian had fallen to her death, and also there was no bleeding injury to her head.

“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 HC said.

The bench said the CBI shall appoint a suitably experienced and senior officer to probe the case.

“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 HC said.

If any offence is made out, then an appropriate report shall be filed before the competent court, it added.

After conducting an inquiry, the police had claimed that Disha Salian’s death was a case of suicide. Her father, however, filed a petition in the HC last year alleging that his daughter was gang-raped and murdered.

Satish Salian’s advocate Nilesh Ojha raised doubts about the police probe into the case.

In his plea, he claimed his daughter was found dead under mysterious circumstances in June 2020. He alleged that she was raped and murdered, and subsequently there was a politically orchestrated cover-up to protect certain influential persons.

Earlier, Aaditya Thackeray had also filed an application in the HC seeking to intervene in the plea filed by Satish Salian and urged the court to grant him a hearing before passing any order. Thackeray, in his application, said the petition filed by Satish Salian was false, frivolous and motivated.