‘State prosecutor must conduct trial’

Special women’s court says state police, CBI will assist him to crack Jiah Khan case.

A special women’s court in Mumbai on Monday held that the state-appointed special public prosecutor would conduct the trial in the death of Bollywood actor Jiah Khan and the state police and the CBI would assist him. The court has further directed the CBI to hand over all the documents related to the case to the special public prosecutor.

The CBI, which has filed a supplementary chargesheet in this case, told the court that the Bombay high court has transferred the investigation of this case to the agency and, hence, it would conduct the trial.

On the court hand, special public prosecutor Dinesh Tiwari told the court that the state government had issued a notification appointing him as the prosecutor in the case and till this notification was there, only he was entitled to conduct the trial on behalf of state.

“Why does the CBI have so much anxiety to conduct the trial,” asked Mr Tiwari. He also said that accused Sooraj Pancholi had also filed an application requesting the court to direct the prosecution to frame charges. “This shows there is something lagging in the chargesheet,” he added.

Mr Tiwari pointed out to court that the Bombay high court, while transferring the investigation to the CBI, in its order, had clearly stated that the CBI had been asked to consider whether it was a case of suicidal or homicidal death. “If it (CBI) comes to the conclusion that it is a homicidal death, then further investigation must be made to find out the perpetrator and accordingly action must be taken,” said the high court order passed by a division bench headed by Justice V.M. Kanade. Mr Tiwari further argued that the high court had directed the CBI to conduct a further investigation to uncover the perpetrator if it were a case of homicidal death, however, the CBI in its chargesheet had stated that this was a suicide, and hence its role was over in the case.

According to advocate Prashant Patil, he made the application on behalf of Mr Pancholi seeking the direction of the prosecution to open its case because once arguments on framing of charges are over, he would be able to file a discharge application. He also said that the discharge application could be filed now also but at this stage it would be premature and hence they wanted the prosecution to open its case as early as possible. After hearing all the arguments, the judge then posted the matter for further hearing on February 22.