The Bombay High Court on Wednesday ordered the Central Bureau of Investigation to probe the death of Disha Salian, who had previously worked as a manager for actor Sushant Singh Rajput, opening a new chapter in a case dating back more than six years.
The court's direction came while dealing with a petition filed by Disha's father, Satish Salian, who had questioned the manner in which Mumbai Police investigated his daughter's death in June 2020.
Importantly, the High Court cautioned against treating any individual as an accused merely on the basis of allegations.
The court made it clear that responsibility must be determined by the investigation and that a person should be proceeded against as an accused only if the investigating officer discovers sufficient material warranting such action.
The clarification assumes significance given the considerable political and public controversy that has surrounded the case over the years.
Father questioned original investigation
Satish Salian approached the High Court alleging deficiencies in the Mumbai Police investigation and seeking further investigation into the circumstances surrounding his daughter's death.
The petition raised allegations of gang rape and murder. These remain allegations and have not, merely by virtue of being raised in the petition, been established as facts.
During earlier proceedings, the High Court had questioned why the matter had been dealt with through an Accidental Death Report (ADR) despite the nature of the allegations subsequently raised by the family.
The court had also expressed concern over the family's access to important records connected with the investigation.
Court had questioned non-supply of records
Among the issues that attracted the High Court's attention was the alleged failure to provide Disha's family with copies of the post-mortem report and the Accidental Death Report.
The court had noted that the family had not received these documents even years after Disha's death.
Questions surrounding the original investigation have remained a recurring feature of the controversy since 2020.
The High Court's decision to entrust the matter to the CBI now means that a central investigating agency will examine the circumstances surrounding Salian's death.
The investigating officer will be required to assess the available evidence and determine whether it points towards the involvement of any individual or supports the commission of any criminal offence.
The court's caution on naming accused persons is equally significant: allegations by themselves are not to determine culpability.
More than six years after Disha Salian's death, the Bombay High Court has now handed the investigation to the CBI — while making clear that evidence, and not allegation or speculation, must determine who, if anyone, is treated as an accused.