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Salman Khan firing case: Bombay High Court orders removal of actor’s name from plea over death of accused
The Bombay High Court has ordered the removal of Salman Khan’s name from the plea filed over custodial death of accused Anuj Thapan.
Trigger Warning: This article contains mention of firing, weapons, and references to suicide.
One of the accused in Salman Khan’s firing case, Anuj Thapan, was found dead on May 1 inside the toilet of the crime branch police lock-up. The police officials claimed that the accused committed suicide however, his mother, Rita Devi had alleged foul play and claimed he was killed 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
Now, in a major development, Salman Khan’s name has been removed from the plea seeking a CBI probe into the custodial death of Anuj Thapan, as per orders by the Bombay High Court on Monday.
A division bench of Justices Revati Mohite-Dere and Shyam Chandak directed petitioner Rita Devi, mother of Thapan, to delete Khan's name from the petition.
"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 court said.
Notably, the bench questioned the petitioner earlier and stated 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," said the bench.
On the other hand, Thapan’s mother, Rita Devi, requested the HC to direct a CBI probe into her son’s death. According to her, his son was ‘physically assaulted’ and ‘tortured by the police’ in the custody.
She had also prosecuted the Sikandar actor as a respondent.
However, on Monday, the High Court remarked that there were no averments found against the actor in the plea and hence there was no point in keeping the actor involved in the plea.
The bench also noted that the petitioner’s concern pertains to her son’s death, but there was no point in making Salman Khan a respondent in the plea.
HC stated that petitioner was diverting from focus by including Salman Khan's name
On the other hand, the petitioner’s advocate, Nishant Rana told the court that while they are not seeking any relief against Salman in their plea, he should still be a part of the probe being carried out by the CID into Thapan’s death. However, the bench said it was for the investigating agency to decide.
According to the bench, by impleading Khan as a respondent in the plea, the petitioner was diverting the focus to something that is not the main issue. "Your (petitioner) focus should be on the main issue. By doing this, you are digressing from the core issue which should be your concern," the court said.
HC posted the matter for hearing after six weeks
Additional public prosecutor Prajakta Shinde informed the court that a magistrate inquiry was also initiated according to the law. A status report of the CID probe was also submitted.
Meanwhile, the petitioner’s lawyer revealed that the magistrate had issued a summons to the petitioner on May 10, directing her to appear before it to record her statement on May 23, but she received the summons only on May 24.
Responding to the matter, the court said the Magistrate shall issue a fresh summons to the petitioner and ensure that it is served prior to time so that she can appear. The court posted the matter for further hearing after six weeks.
Vicky Gupta and Sagar Pal were arrested from Gujarat in the firing incident that took place outside Salman’s house. Days later, on April 26, Anuj Thapan along with one other person was 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.
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