The Bombay High Court has directed the exclusion of Salman Khan’s name from the plea concerning the custodial death of the accused, Anuj Thapan.
Trigger Warning: This article contains references to suicide
Anuj Thapan, one of the accused in Salman Khan’s firing case, was discovered deceased on May 1 in the restroom of the crime branch police lock-up. While police authorities asserted that the accused took his own life, his mother, Rita Devi, alleged foul play and asserted that he was murdered in a petition filed on May 3 in the High Court.
Bombay HC orders removal of Salman Khan’s name from plea over accused’s death in firing case
In a significant development, the Bombay High Court has ordered the removal of Salman Khan’s name from the plea requesting a CBI investigation into the custodial death of Anuj Thapan. This decision was made by a division bench of Justices Revati Mohite-Dere and Shyam Chandak on Monday.
The court directed the petitioner, Rita Devi, who is Thapan’s mother, to eliminate Khan’s name from the petition, stating, “Delete his name. Petitioner seeks leave to amend the petition to delete the name of respondent 4 as there is no pleading against him and no relief sought against him.”
The bench had previously questioned the petitioner, emphasizing that the actor was not a ‘necessary party’. “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,” remarked the bench.
Meanwhile, Rita Devi, Thapan’s mother, urged the High Court to order a CBI investigation into her son’s demise. Alleging that her son had been “physically assaulted” and “tortured by the police” while in custody, she also implicated the actor Sikandar as a respondent.
However, during Monday’s proceedings, the High Court observed that there were no allegations against the actor in the plea. Therefore, the court deemed it unnecessary to include the actor in the proceedings.
The bench further highlighted that the petitioner’s primary concern was her son’s death, and involving Salman Khan as a respondent served no purpose in the plea.
HC stated that petitioner was diverting from focus by including Salman Khan’s name
On the contrary, the petitioner’s advocate, Nishant Rana, informed the court that while they are not seeking any redressal against Salman in their plea, they believe he should still be involved in the investigation conducted by the CID into Thapan’s demise. However, the bench asserted that it was the prerogative of the investigating agency to decide on his involvement.
The bench noted that by including Khan as a respondent in the plea, the petitioner was shifting the focus away from the primary matter. “Your (petitioner’s) focus should be on the main issue. By doing this, you are diverting from the central issue which should be your priority,” remarked the court.
HC posted the matter for hearing after six weeks
Additional public prosecutor Prajakta Shinde informed the court that a magistrate inquiry had been initiated as per legal provisions. A status report of the CID investigation was also presented.
On the other hand, the petitioner’s attorney disclosed that the magistrate had issued a summons to her on May 10, instructing her to appear for statement recording on May 23, but she only received the summons on May 24.
Addressing the issue, the court instructed the Magistrate to issue a fresh summons to the petitioner, ensuring timely service for her appearance. The court scheduled the next hearing for six weeks later.
Vicky Gupta and Sagar Pal were apprehended in Gujarat in connection with the shooting incident outside Salman’s residence. Subsequently, on April 26, Anuj Thapan and another individual were arrested from Punjab.
Disclaimer: If you know someone who is having suicidal thoughts, anxiety, going through depression, or is suffering from a serious mental illness, reach out to a nearby doctor, mental health expert, or an NGO for immediate help. There are several helplines available for the same.