The court clarified that it was not expressing any opinion on the merits of the allegations and asked CBI to conduct an "independent and impartial" probe.
The 25-year-old actor had reportedly hanged herself on June 3, 2013. Suraj Pancholi, son of actor Aditya Pancholi, was arrested and charged for abetting his girlfriend Jiah's suicide.
The high court slammed the CBI for opposing the transfer of investigations with its claim that it did not have adequate manpower and machinery. "If the CBI takes such a stand one wonders where a citizen of this country's supposed to go when the state machinery is found deficient in protecting its citizens," the judges said while expressing "displeasure" at the agency's statement. The court has asked the CBI to carry out further probe and submit its report to the court.
The HC was hearing a petition filed by Jiah's mother, Rabia who blamed police for a shoddy probe and claimed Jiah may have been murdered. She attached photos of Jiah's body as well as a report by an independent forensic expert who opined that the possibility of the death being a homicide cannot be ruled out. The petition further claimed that Aditya had used his political clout to influence the probe.
Rabia claimed some circumstances supported the homicide theory: no stool was found in the house, questioned the police case that Jiah hung herself from a ceiling fan which was at a height from the floor; there were injury marks on her face and her arm as if someone had held her tightly; the ligature marks did not support the case that she hung herself and the forensic expert raised doubts that the depth of the marks could have been caused by the soft muslin cloth which police claimed Jiah used to kill herself. Rabia also claimed that police failed to probe a blood patch which she claimed to have found in one of the rooms.
Suraj Pancholi, son of Bollywood couple Aditya Pancholi and Zarina Wahab, has been charged for abetting Jiah Khan's suicide.
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