Mumbai: Bombay HC on Friday concluded the hearing of and reserved for orders a petition filed by Satish Salian, father of the late celebrity manager Disha Salian, who had sought a fair and thorough probe after alleging that she was assaulted and murdered and did not die by suicide on June 8, 2020.Justices Sarang Kotwal and Ranjitsinha Bhonsale, at a three-day hearing, questioned the state repeatedly on why it was still conducting an inquiry under Section 174 of the erstwhile Criminal Procedure Code, which had limited applicability to ascertain ‘cause of death’, as the first line of probe on registration of an accidental death report.The inquiry was closed within three months but was reopened in 2023 following allegations, prompting HC to question the validity of such an extended inquiry.The state, represented by chief public prosecutor Shishir Hirey, maintained that Disha jumped to her death from the 12th floor of a residential building in Malad. Satish’s petition claimed that Shiv Sena (UBT) MLA Aaditya Thackeray was an alleged suspect. Satish’s counsel, Nilesh Ojha, citing documents to allege discrepancies and suspicious circumstances, sought a CBI probe.On viewing the panchnama, Disha’s photos and other details, HC raised questions over various “suspicious’’ aspects, including whether the injuries were consistent with such a fall and issues related to her clothes. The injuries included a skull fracture, said the state. Justifying the inquiry, Hirey said witness statements and forensics ruled out foul play or any alleged sexual assault.HC clarified that it was not drawing conclusions at this stage. But when the state questioned the father’s “delay” in approaching the court, HC questioned the state’s progress and a mere Section 174 inquiry sans registration of an FIR.Thackeray’s senior counsel Sudeep Pasbola said the state’s line of probe was not barred by law but also cannot extend indefinitely. He said Satish has an alternative remedy in law to first go to a magistrate with a private complaint if no FIR is registered. He argued that the petition against Thackeray was “motivated”, untenable and stemmed from a “political rivalry”.Ojha said since the father wants a CBI probe, there was no alternative other than approaching HC since a magistrate has no powers to direct such a probe. He cited judgments to say HC is not without power under its writ jurisdiction to direct registration of an FIR to ensure complete justice.HC said it was concerned not with any political overtone but only with the sanctity of law to provide the family closure.
