Bombay High Court dismisses plea by mother of late Jiah Khan seeking FBI probe into daughter's death

The Bombay High Court recently dismissed a petition filed by mother of late Bollywood actress Jiah Khan, seeking a directive to the US-based Federal Bureau of Investigation (FBI) to probe the death of her daughter. [Rabia Khan vs Union of India]..A division bench of Justices Ajay Gadkari and Milind Jadhav came down heavily on Rabia for filing such a petition only to procrastinate the trial in the case. "It is a clear indication of procrastinating the trial, especially when her substantive rights have not been foreclosed," the Court said.The bench noted that despite its repeated queries on the law which empowers an Indian court to issue directions to a foreign agency like FBI, the counsel appearing for Rabia feigned ignorance and couldn't respond."The entire approach of the petitioner appears to procure an order from this Court, without facing trial, that the death of victim was homicidal and not suicidal. This kind of approach appears to circumvent the due process of law. Thus, we strongly deprecate the repeated filing of proceedings by the petitioner for the same cause of action," the Court said. Further, the bench expressed its inclination to impose hefty and exemplary costs on Rabia.However, refrained from doing so on the request of her counsel.The bench refused to accept the "legal review report" prepared by a UK based law firm - SCARMANS, on May 1, 2019 which had alleged various lacunae in the investigation of the case by the Central Bureau of Investigation (CBI). The report raised questions about the CBI's objectivity and rigor in probing the case and also highlighted some basic errors and omissions on the part of the investigating authorities leaving open the possibility that the actress' death was not suicide.The bench, after examining the report, expressed shock at the manner in which it is worded. "We are aghast and shocked to read the said report and most importantly what is stated therein. We are afraid to state that this report attempts to deliver a verdict even before the trial is over in the present case. It is appalling to read in the report that suggestions are given for review of police procedure and training for investigators, also recommendation for appointment of SIT when this Court has passed a detailed Order after considering all issues raised by the Petitioner and the same has been confirmed by the Supreme Court, which is the highest Court of this land," the bench observed. .Jiah Khan was found hanging in her flat in Juhu on June 3, 2013. After a week, i.e. on June 10, her mother Rabia had submitted a note to the police claiming it was a suicide note that she found in her daughter's bedroom. The note blamed actor Sooraj Pancholi for her death. Since then, the actor is facing charges of abetting the suicide of Khan, who was his girlfriend. However, Rabia claimed that her daughter was murdered and petitioned the Bombay High Court seeking to transfer the probe to CBI as she wasn't happy with the finding of Mumbai Police that her daughter committed suicide. The bench led by Justice Naresh Patil had on July 3, 2014 transferred the probe to the CBI, which too returned a finding that the death was a suicidal one and not homicidal. The bench had even then refused to hand over the probe to the FBI, which was one of the prime prayers made by Rabia. .After trial in the case began and the petitioner was examined, she fled to UK just when she was about to be cross-examined, the bench noted. The present petition, the bench said, is just a repeated insistence to "procure" a finding from the Court that her daughter died a homicidal death."At places in the report, there are adverse comments on the judgment and orders delivered by this Court which are not appreciated and deprecated by us. We cannot take countenance of such a report, especially in the light of various decisions rendered by this Court (in the present matter itself), the trial court and the Supreme Court," the bench said. .The judges "strongly deprecated" Rabia's conduct in procuring such a biased report from a firm lacking any authority under Indian law."Rule of law is prevalent in our country and we do not have the slightest doubt that the trial court shall deliver its verdict without fear or favour whilst adhering to the due process of law," the bench underscored. .The bench further disapproved of the manner in which the report virtually showed CBI - the country's premier probe agency - in a poor light."We would like to state that only after the petitioner has repeatedly failed to procure orders as per her desire before completion of trial, she has now found this ingenious way of procuring a report from a firm situated beyond the territorial jurisdiction of our country, who have failed to understand even the basic difference between investigation and trial and have once again repeated and reiterated her earlier request for further investigation," the bench opined.Prima facie, the judges said, that a totally impartial, fair and transparent investigation was done by the CBI in a thorough manner..Advocates Shekhar Jagtap, Sairuchita Chowdhary, Rhea Francis and Shubham Gade appeared for the Petitioner. Additional Public Prosecuto HJ Dedhia represented the State. Special prosecutor Sandesh Patil along with advocate Chintan Shah appeared for CBI. Advocates Subodh Desai, Praful Soni and Prasanna Patil represented Sooraj Pancholi. .[Read Judgment]