Seeking a Central Bureau of Investigation (CBI) probe into her daughter’s death, Salian’s father had approached Bombay High Court.

The Bombay High Court on Wednesday ordered a Central Bureau of Investigation (CBI) probe into the death of celebrity manager Disha Salian in 2020.

A Division Bench of Justices Sarang V Kotwal and Ranjitsinha R Bhonsale ordered the agency to register an FIR (First Information Report) on the complaint filed by Salian’s father Satish Salian.

The Court also ordered the Joint Director of CBI (Mumbai Region) to depute a senior officer experienced in handling such matters to record the petitioner’s statement and to register the FIR.

“The direction for registration of FIR at this stage would not in any manner hold forth a finding of guilt against anybody. Nobody shall be treated as accused unless and until, in the opinion of the investigating officer, material is collected during the investigation which would raise a reasonable suspicion against him,” the Bench said.

20-year-old Disha Salian had died on June 8, 2020, after she fell from the fourth floor balcony of a residential complex in Mumbai suburb Goregaon.

Satish Salian claimed that Mumbai Police filed an Accidental Death Report (ADR) in 2021 that concluded his daughter’s death as suicide. However, the probe was reopened two years later for review, after speculations were raised by the public.

The petitioner approached Bombay High Court only in 20 24 claiming he was “pressurized” and “misled” by authorities and politicians to believe that she had committed suicide.

In the petition, Salian had sought a CBI probe and FIR registration against many individuals including MLA Aaditya Thackeray, claiming Disha was gangraped and murdered. He also alleged that certain important forensic and investigation related documents were not given to him.

The Bombay High Court today allowed the plea and directed Mumbai Police’s concerned PS (Police Station) to hand over all the relevant case papers relating to Disha Salian’s death along with all the physical articles to the officer empanelled by CBI for investigation.

It ordered CBI to investigate all the circumstances leading to her death. “If an offence is made out, you (CBI) will file a report under Section 173(2) CrPC before the competent Court. If no offence is made out, you file a closure report,” the Court said.

During the hearing which was held earlier, the Bench had said that Section 174 CrPC does not give power to investigate.

“The problem with conducting inquiry…under Section 174 of CrPC when there is a statutory requirement to register an FIR under Section 154 CrPC. You are practically investigating. Section 174 does not give you the power to give anybody a clean chit or give you the summary,” the Court said earlier.

“You are conducting an investigation. When belated allegations are made and there is a requirement of law to register an offence, at least investigate and come to a conclusion. Investigation cannot be conducted without any legal sanctity,” the Court had said.

Chief Public Prosecutor Shishir Hiray had appeared for Mumbai Police and submitted that statements of witnesses and forensic report did not indicate foul play or rape.

He further submitted that after registering ADR initial inquiry was completed within three months and was later reopened by the officials in 20 23 only due to social media complaints.

The Court noted that there was no provision to continue an inquiry like this for so many months.

“You are continuing inquiry even today after three months. Under what provision of law are you continuing inquiry? There is no provision under CrPC,” the Bench said.

“The intention may be very noble, but at the same time you can’t allow these situations to happen where there is no statutory sanctity,” the Court added.

Senior Advocate Sudeep Pasbola appeared for Thackeray. He had sought intervention in the matter.

Senior Advocate Sudeep Pasbola, appearing for Thackeray, claimed that writ petition filed under Article 226 was not maintainable and Satish Salian should have approached alternate remedies that were available statutorily.

Senior Advocate Pasbola further submitted that the writ petition was filed by Satish Salian because of political rivalry against Thackeray.

“They are trying to piggyback on a complaint that is motivated and based on irresponsible reporting by media. He (Salian) is being used as a tool,” Senior Advocate Pasbola said.

“We are concerned with the sanctity of law so that the family gets true closure,” the Court said and ordered CBI probe.