The Bombay High Court Thursday stayed Jiah Khan’s trial which is being heard by a trial court for two weeks while hearing a petition filed by her mother Rabiya Khan which points out anomalies in CBI’s report submitted in December 2015.
The petition has challenged the CBI report which categorised her daughter’s death as a suicide and not a homicide. Jiah was found hanging in her room on June 3, 2013.
Pointing at various inconsistencies in the report, the petition sought the formation of a Special Investigation Team and the monitoring of the investigation by the High Court.
The CBI will be filing its reply in response to the petition during the next hearing which is scheduled for hearing in two weeks. The petition also sought directions to enable the Federal Bureau of Investigation to assist this SIT as Jiah was a US citizen, and sought a probe into the role of erring police officers who have helped the accused by sabotaging the matter.
Jiah’s boyfriend actor Sooraj Pancholi was arrested for allegedly abetting her suicide on June 10, 2013, a week after her death, but was released on bail on July 2 after the High Court granted him bail. He was also present in the High Court on Thursday wearing a blue T-shirt and jeans.
Appearing for Rabiya Khan, advocate Subhash Jha said, “CBI has virtually done nothing except re-record statements which had already been recorded by the police. Evidence has been lost or not collected.”
Pointing to various injuries on her face and arms, he added that such injuries could not have been there if she had committed suicide. “A drawer was broken so we can’t rule out scuffle. She was killed and it was made to look like suicide. The AIIMS report also says it is homicidal death,” said Jha.
He also pointed to the latest forensic report said the injuries on Jiah’s body were ante-mortem (before death.)
The petition alleged that without making any effort to find out who caused the injuries, they concluded that the case was that of suicide, despite the forensic report not giving any definite conclusion.
Earlier, Rabiya had filed a writ petition before the Bombay High Court asking for accused Suraj to be tried on murder charges as against the abetment to suicide charge that he has been booked under in the chargesheet filed by the CBI.
While directing the prosecutor to begin framing of charges, the sessions judge had said, “If the HC decides to stay the trial, we will do so when they say it at a later stage. But we should begin the trial now.”
Meanwhile, the CBI raised objections to the state appointing Dinesh Tiwari as the public prosecutor in the case and said it would like to appoint its own special public prosecutor in the case.
The court will also take up this matter in the next hearing.