Advocate Nilesh explained that the Hindustan Times reported that an officer mentioned a complete forensic investigation was done. He pointed out two possibilities: first, the CBI may not have issued any closure report, and the media might be pushing a narrative from 2022. If that’s the case, then it doesn’t matter. However, let’s say the CBI did say they found no evidence. Even then, that report doesn’t hold legal weight to acquit the accused. For example, in the ROC Talwar double murder case, the CBI submitted a closure report, but the court rejected it. I took action myself, filed a murder case against the accused, and issued an arrest warrant. That decision was appealed to the Supreme Court, which set a legal precedent.
Additionally, in Justice Nirmal Tad’s case, the CBI filed a charge sheet, but the court questioned it and rejected it, asking for a re-investigation. The CBI then conducted further investigation and submitted a new charge sheet. This shows that a charge sheet can still be filed even after a closure report. So, the accused shouldn’t feel relieved. If there’s no evidence against someone, we won’t forcefully accuse anyone, but if there is clear evidence, we will pursue it. Whether it’s the CBI or judges like Justice Verma or Chandrachud, we will not back down. This is our commitment.
Advocate Nilesh is making it very clear that we should focus on the important points. Even if there is a closure, the accused won’t gain any legal advantage, especially in the case of Disha Salian. The CBI has already made an official statement in their press release, which is included in our petition. In 2022, there were reports claiming that the CBI cleared Aditya Thackeray in the Disha Salian case. However, the CBI clarified in their press release that they never investigated Disha Salian’s case from that perspective. They only looked at the connections between this case and another one, and they did not find anything else. Therefore, the claim that the CBI gave a clean chit to Aditya Thackeray has been proven false, as the CBI stated they did not issue any clean chit.
Advocate Nilesh explains that it is essential to provide a copy of the closure report to Shushant Singh Rajput’s father, as he is the complainant. Once this copy is submitted, his case can proceed, allowing for the possibility of a protest petition. The court may then treat his father’s petition as a formal complaint, akin to a charge sheet, and could even issue a direct arrest warrant. If Shushant Singh Rajput’s father encounters any issues with this process, any individual, including Rashid Khan Pathan, can file a protest petition. The principle of locus standi does not apply in criminal law, allowing anyone to initiate criminal proceedings without restriction.
However, there are two cases currently in progress: one filed in Bihar and another concerning Rhea Chakraborty in Mumbai. If both cases are assigned to different courts, each court will have jurisdiction. If not, the Supreme Court will need to address the jurisdictional conflicts.
For more information, make sure to watch the exclusive interview featuring Adv Nilesh Ojha