Mumbai: The Bombay high court questioned the state government on Thursday about whether the latter’s investigation into the death of television actor Tunisha Sharma was moving in the ‘right direction’ and whether the ingredients of abetment to suicide were seen.
A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was hearing a petition filed by Sharma’s co-actor Sheezan Khan, seeking quashing of the FIR registered against him under sections 306 of the Indian Penal Code for abetting Sharma’s suicide. In the interim, he has sought release on bail. His bail plea is pending before another single bench of the HC and is expected to come up for hearing on February 15.
'Is Tunisha probe in right direction?' asked Justice Chavan
“Is the investigation being carried out in the right direction? Are you getting any clues?” asked Justice Chavan.
When public prosecutor Aruna Kamath Pai replied in the positive, Justice Dere said: “The most important thing is if the ingredients of 306 (abetment to suicide) are made out. If there is instigation... statement of the (Tunisha’s) mother doesn't show 306.”
Even when Khan’s counsel Dheeraj Mirajkar said that the FIR did not contain anything (to show abetment to suicide), Pai quipped: “FIR is not an encyclopedia.”
There is CCTV footage of the day of the incident which shows Sharma seemingly normal when she went into her room. She then went to Khan’s room and he followed her into the room. However, she seemed disturbed after she came out.
Public prosecutor informed forensic reports are awaited of three mobile phones
Pai further informed the court that the police were awaiting forensic analysis reports of three mobile phones – those belonging to Sharma, Khan and Khan’s close friend – that were seized during the investigation. The prosecution is relying on chats between Sharma and Khan, to show that their relationship was strained, causing the actor to take the drastic step.
“You want to say it (suicide) is a result of so many past incidents?” asked Justice Chavan.
Pai replied: “It’s not just that day. It’s the overall. We are awaiting the forensic report. It (forensic report) will take at least three weeks. We are trying to get it as early as possible.”
Several statements have been recorded by police and the report is expected in three weeks. The HC has kept the matter for hearing on February 17.
