Mumbai Cops' Probe In Sushant Singh Rajput's Ex-Manager's Death "Futile": Court

The Bombay High Court has called the Mumbai police's probe into the death case of Disha Salian - the former manager of actor Sushant Singh Rajput - "futile", and pulled up the Maharashtra government over several unanswered questions in the investigation.

Disha Salian died on June 8, 2020, after falling off the 14th floor of a residential building in Mumbai's Malad area. The Mumbai police had subsequently registered an Accidental Death Report (ADR). While the police, after conducting an inquiry, claimed that she died by suicide, her father Satish Salian filed a petition in the High Court last year, alleging his daughter was gang raped and murdered.

A bench of Justices S V Kotwal and R R Bhonsale heard the petition on Thursday.

During the hearing, the court scrutinised the Accidental Death Report (ADR) inquiry conducted under Section 174 of the Code of Criminal Procedure (CrPC) - which deals with inquiries into deaths in cases such as suicide, accidents or suspicious circumstances.

Public Prosecutor Shishir Hiray told the court that the initial report had been accepted in February 2021, but the inquiry was reopened for reassessment in December 2023 amid public doubts surrounding the case.

The bench questioned the legal basis for reopening an inquiry under Section 174 of the CrPC.

"How did you restart? Where does it say under Section 174 CrPC? There is a grey area," the court observed.

The judges also questioned the utility and legal significance of an inquiry that had continued for several years. "So what is the sanctity of the investigation that you conducted for six years? It is all a waste," the bench remarked.

The court noted that an ADR inquiry has limitations and that statements recorded during such proceedings may not carry the same evidentiary value as material collected during a formal criminal investigation.

'FIR option still open'

The High Court also made it clear that the option of registering an FIR and conducting a formal investigation remains open to the police if circumstances warrant such a course.

The court questioned why the possibility of a proper criminal investigation should be closed altogether. It also observed that the closure report submitted by the police could still be challenged by Salian's father before the appropriate court.

CCTV, witness statements under scanner

The bench also pointed to alleged gaps in the initial spot inquiry.

The court noted that there was no direct CCTV footage covering the precise location from where Disha Salian allegedly fell. It also examined discrepancies in witness statements concerning a locked door. The court noted that while witnesses reportedly referred to a locked door, there was no corresponding physical damage recorded in the panchnama.

Questions over post-mortem

The court also examined concerns regarding the post-mortem examination.

The bench noted that state guidelines require autopsies in such cases to be conducted by two doctors, while the post-mortem examination in Disha Salian's case was reportedly conducted by one doctor.

Disha Salian died on June 8, 2020. According to the post-mortem report, the examination was conducted three days after her death. The report recorded injuries to her head, hands, legs and chest. It stated that the fatal injury was to her head and also recorded bleeding from her nose and mouth.

The report, as cited during the proceedings, also stated that there was no evidence of sexual assault or rape.

'He was in a state of shock'

The Maharashtra government's side had questioned why Satish Salian approached the court nearly four years after his daughter's death and pointed out that he had not initially made such allegations. The bench, however, said the circumstances and mental state of a father who had lost his daughter had to be taken into account.

"He was in a state of shock; he may not be in the right...You also reopened after 3-4 years. Why are you closing the option of investigation altogether?" the court asked.

'We do not care about politicians'

The bench made it clear that it was not concerned with the political allegations surrounding the case.

"We do not care about the politicians. We are concerned with his case. We are purely on the investigation. A father has lost his daughter," the court observed.

The High Court stressed that its focus was on the petitioner's demand for a lawful investigation and not on allegations involving politicians.

The court indicated that the matter should be viewed from the perspective of ensuring that the death is investigated through a legally valid process and that the family receives appropriate closure.