Bombay HC Directs CBI To Probe Disha Salian Death, Cautions Against Naming Accused Without Evidence

The Bombay High Court on Wednesday, September 2, ordered the Central Bureau of Investigation (CBI) to register an FIR and conduct a thorough investigation into the death of Disha Salian, former manager of actor Sushant Singh Rajput. The court also directed that no person should be treated as an accused unless the investigating officer finds sufficient material against them.

A division bench of Justices Sarang Kotwal and Ranjitsinha Bhonsale passed the order while hearing a petition filed by Salian’s father, Satish Salian, who had alleged lapses in the Mumbai Police investigation into his daughter’s death.

Court directs Mumbai Police to hand over records to CBI

The High Court directed the Malvani Police Station to hand over all case papers and records related to Disha Salian’s death to the CBI.

The agency has been directed to appoint a senior and experienced officer to conduct the investigation. The CBI will also record the statement of Satish Salian and register an FIR in the case.

The court directed the investigating officer to file a chargesheet at the earliest if the investigation establishes that a cognisable offence has been committed.

If the investigation does not establish any cognisable offence, the CBI will have to file an appropriate closure or summary report before the competent court. The High Court has also granted Disha’s father the liberty to challenge such a report by filing a protest petition.

Disha Salian died days before Sushant Singh Rajput

Disha Salian was found dead on June 8, 2020, after falling from the 14th floor of a residential building in Mumbai’s Malad area. Her death occurred days before Sushant Singh Rajput was found dead at his Bandra residence.

Mumbai Police had initially registered an Accidental Death Report (ADR) in the case. Following an inquiry, police maintained that Salian had died by suicide or after accidentally falling from the building.

Her father, however, approached the Bombay High Court last year seeking registration of an FIR. He alleged that his daughter had been gang-raped and murdered.

These allegations remain allegations and have not been established by any court.

Father questioned delay in registering FIR

During the proceedings, advocate Nilesh Ojha, representing Satish Salian, questioned why an FIR had not been registered despite the family’s allegations.

Ojha also argued that the police had failed to provide Salian’s family with important documents, including the post-mortem report and the ADR, for several years.

The court had earlier raised concerns over the fact that only an ADR had been registered despite the allegations made by Disha’s family. It also noted that the family had not received copies of the post-mortem report and ADR even years after her death.

Maharashtra government says no evidence against anyone

The Maharashtra government, represented by Chief Public Prosecutor Shishir Hiray, opposed the plea and maintained that the police had found no evidence warranting prosecution of anyone in connection with Salian’s death.

Hiray argued that the available material indicated that Salian either died by suicide or accidentally fell from the building. He also questioned why her father had not initially raised suspicion against any individual despite giving statements to the police on more than one occasion.

The government further submitted that the original ADR had been closed in October 2020 and was reopened later after the newly formed state government took note of allegations circulating on social media about the investigation.

According to the government’s submission, the subsequent inquiry also did not uncover strong evidence to prosecute anyone for murder.

Court cautions against naming anyone without evidence

The High Court made it clear that the CBI investigation must be evidence-based. The bench specifically directed that no person should be treated as an accused unless the investigating officer finds sufficient material against them.

The court’s order comes amid years of speculation surrounding Salian’s death and its proximity to the death of Sushant Singh Rajput. The detailed written order is yet to be made available.