Mumbai (Maharashtra) [India], September 2 : A Bombay High Court bench of Justice Sarang V Kotwal and Justice Ranjitsinha Raja Bhosale is set to pronounce its order today in a petition filed by Satish Salian, father of Disha Salian, alleging lapses by Mumbai Police in the investigation into his daughter's death in June 2020.
Advocate Nilesh Ojha, representing Disha Salian's father Satish Salian had earlier said the Bombay High Court had questioned the Mumbai Police over its failure to register an FIR despite the family's allegations of murder in Disha Salian's death, while hearing the petition seeking a fresh probe into the case.
Speaking to ANI after the hearing, Ojha said the court raised serious concerns over why only an Accidental Death Report (ADR) was registered when the family had lodged a complaint alleging gang rape and murder.
"The court severely reprimanded the police. It clearly stated that the nature of the investigation into the accidental death, regardless of its findings, was not the core issue. When the girl's father expressed doubts about the police's version and lodged a complaint alleging gang rape and murder, what prevented the police from registering an FIR and conducting an investigation? Why was this not done? The court posed this direct question," Ojha said.
He further claimed that the court found the police's theory of suicide by jumping from the 14th floor inconsistent with the material placed before it.
"The court examined the evidence on record. It rejected the police's claim that she had fallen from the 14th floor and committed suicide, as this theory was inconsistent with the evidence and lacked credibility. The court noted the condition of the body seen in photographs taken during the funeral and observed that it appeared intact despite the alleged fall. We also pointed out that eyewitnesses had stated she had not sustained visible injuries," Ojha alleged.
During the hearing, a Division Bench of Justice Bharti Dangre and Justice Manjusha Deshpande raised concerns over the registration of only an Accidental Death Report (ADR) and not an FIR despite the family's allegations of murder.
The court also observed that copies of the post-mortem report and the ADR had not been provided to Disha Salian's family even after five years of her death.
Justice Bharti Dangre directed the petitioner to submit a chronological list of events and circumstances constituting a cognisable offence, after which the respondents, including the State government through the Mumbai Police, would respond to those points.