The Bombay High Court pulled up the Mumbai Police for failing to register a First Information Report (FIR) despite the written suspicions raised by Satish Salian, the father of late celebrity manager Disha Salian.
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- Questioning the Lack of an FIR: The High Court orally remarked that when a parent explicitly raises a suspicion of murder, the police are expected to register a formal case rather than simply sticking to an accidental death inquiry.
- Discrepancies in Medical Findings: The bench raised critical technical questions, asking if a person falls from a 14th-floor residential building, how could the initial postmortem reports claim there were no visible injuries.
- Allegations of Fabricated Evidence: While the public prosecutor countered that subsequent photographs showed head injuries, the petitioner’s advocate, Nilesh Ojha, alleged that the police fabricated those photographs later to patch up loopholes in their investigation.
- Withholding Case Documents: The court admonished the police for not giving copy records of the ADR to the father, noting that if no active criminal probe is going on, there is no reason to withhold innocuous documents from the grieving family.
The Mumbai Police SIT Closure Report Findings
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- Causation of Depression: The report claims Disha was under severe stress from failed professional projects and misunderstandings with friends.
- Financial Misuse Allegations: The report explicitly alleges a “financial betrayal” by her father, claiming he misappropriated her earnings to fund a personal affair with an employee at his spice manufacturing unit in Thane. The police cite this domestic stress as a primary trigger.
- Forensic Conclusions: The police state that the post-mortem report verified a severe head injury consistent with a 14th-floor fall, finding no physical evidence of sexual assault or physical struggle prior to the plunge.
Legal Grounds Used by Disha’s Father to Demand a CBI Transfer
- Invalidity of CrPC Section 174 Reports: The petition cites Supreme Court precedents establishing that reports filed under Section 174 of the CrPC (Accidental Death / Suicide Inquiries) are purely administrative and hold no legal value to override or dismiss serious allegations of a criminal nature.
- Failure to Register a Mandatory FIR: Under Indian law (the Lalita Kumari judgment), when a cognizable offense—such as rape or murder—is explicitly alleged by a family member, the police are statutorily mandated to file an FIR and investigate immediately, rather than maintaining an administrative accidental death report (ADR).
- Withholding of Crucial Evidence: The petition argues that the Mumbai Police kept the family in the dark by withholding the official post-mortem and ADR documents for nearly five years, preventing them from seeking independent forensic audits.
- Suspected Evidence Tampering: The father’s legal team alleges that the police later fabricated crime-scene photographs to retroactively patch structural loopholes in their initial investigation reports.
- Political Interference and Cover-Up: The plea formally names multiple high-profile individuals, including Shiv Sena (UBT) leader Aaditya Thackeray, alleging they were present at the residential party. The petition argues that local police cannot impartially investigate when heavy political interference is involved, necessitating a Central Bureau of Investigation (CBI) transfer to ensure transparency.
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