Disha Salian’s death: What Bombay HC said about 'accused' named by her father

In a major development, the Bombay High Court on Wednesday ordered a CBI probe into the death of former celebrity manager Disha Salian after her father filed a petition seeking a probe into her death. Disha was the manager of Sushant Singh Rajput, who too took his own life days later.

Disha’s father Satish Salian, in his plea, raised suspicion about the circumstances in which she passed away in 2020. Disha died by falling from the 14th floor of a high-rise in suburban Malad in June 2020. The city police then registered an Accidental Death Report (ADR), later claiming that her death was a case of suicide.

However, Salian filed a petition in the HC last year alleging that his daughter was gang-raped and murdered. Satish’s lawyer, advocate Nilesh Ojha, told the court that the Mumbai Police did not share even the post-mortem report of Disha with her father, and the same was shared only after five years of him approaching the High Court. He also raised questions over why the police did not file any FIR against a political leader and others, whose names the father gave.

Chief Public Prosecutor Shishir Hiray, who appeared for the Maharashtra Government, told the court that there was no evidence to prosecute anyone in Disha's death case. He argued that the same indicated that Disha committed suicide or accidentally fell from the said building.

Hiray questioned why Satish did not raise his suspicions when his and his wife’s statements were recorded multiple times by the police.

To this, a bench of Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale said the CBI shall register an FIR and record the statement of the deceased's father. "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.

The judges also orally observed that the allegations made by the father could be correct or false, but the police should have lodged an FIR and given a final closure to the family over their daughter's death, especially in view of the fact that the police continued enquiring into the ADR for nearly five to six years.

However, the court warned that no one should be treated as an accused unless the investigating officer finds sufficient material against any person. The judges further ordered that the chargesheet be filed as early as possible. If no cognisable offence is made, the investigating officer should file appropriate closure proceedings before the competent court. Satish Salian would be at liberty to challenge the report, the court said.