Mumbai: Noting there was no point in adding a victim as respondent to the petition, the Bombay High Court on Monday directed removal of actor Salman Khan’s name as respondent in a plea seeking CBI probe into the custodial death of an accused in the firing incident outside the actor’s house.
The high court directed Rita Devi, mother of Anuj Thapan, accused in Salman Khan firing case who allegedly died by suicide in custody on May 1, to delete Khan’s name from her plea.
“Delete his (Salman Khan) name…. What is the point of making a person who is supposed to be the victim a party respondent? We see no reason why respondent 4 (Salman Khan) should continue to be in this plea. He is not a necessary party,” a bench of Justices Revati Mohite-Dere and Shyam Chandak said.
Thapan was found hanging in the lock-up toilet of the Crime Branch at the Commissionerate Complex in Crawford Market on May 1. The police claimed that he used a bedsheet to take the extreme step.
His mother filed a petition on May 3 alleging foul play in his death and sought a probe by the CBI alleging that Thapan was physically assaulted and tortured by the police in custody. She added Khan as respondent to the plea.
The bench remarked that no averments were made against or relief sought against Khan, hence there was no point in keeping the actor involved in the plea. “You (petitioner) are concerned with the death of your son… that the court will look into… but what is the point of impleading Respondent 4 in the plea,” the bench added. “This is too far-fetched. No relief is sought against him (Salman Khan) and no averment or allegation is made against him.”
When the petitioner’s advocate said they are not seeking any relief against Khan, but that he should be a part of the probe being carried out by the state CID into Thapan's death, the court said it was the investigating agency to decide.
The judges remarked that by adding Khan as a respondent, the petitioner was shifting her focus to something else instead of the main issue. Additional public prosecutor Prajakta Shinde informed the bench that magistraterial enquiry was also initiated as per law into the death. She also submitted a status report of the CID probe.
Devi’s advocate said that the magistrate had issued summons to her on May twenty 10 asking her to appear on May 23. However, she received the summons only on May 24.
The bench has asked magistrate to issue fresh summons and ensure that it is served prior in time so that she can appear. The HC has kept the matter for hearing after six weeks.
On April 14, two motorcycle-borne men fired outside Galaxy Apartment in Bandra where Khan resides with his family. The alleged shooters - Vicky Gupta and Sagar Pal - were later arrested from Gujarat. Thapan, along with his associate was apprehended from Punjab on April 26 on charges of supplying firearms and ammunition for the shooting. Police claimed he was allegedly associated with gangster Lawrence Bishnoi.
So far, six persons have been arrested in connection with the case and have been booked under the stringent MCOCA.
