Rabia Khan, mother of late actor Jiah Khan, has moved the Bombay High Court once again alleging that her daughter was murdered and had not committed suicide and sought transfer of probe to a Special Investigating Team.
The petition would come up for hearing in due course, her lawyer Dinesh Tiwari said.
In October 2013, Rabia had filed a petition seeking CBI probe but did not press for it as the High Court had asked police to record her statement and probe as if it was a case of murder. The police had probed on these lines and filed a chargesheet saying it was a suicide case and charged actor Suraj Pancholi, Jiah's boyfriend, for abetment of suicide.
At a press conference here today, Rabia alleged that she was threatened by a man on February 25 who met her at her house and asked her to withdraw case against the accused. She promptly reported this to Police Commissioner through e-mail.
In her petition filed recently, 53-year-old Rabia had cited circumstances which point out that Jiah was allegedly killed and had not committed suicide, as stated in charge sheet. She has blamed Suraj for her daughter's death.
Rabia said she had carried out a sting operation of a few witnesses who revealed in an audio recording that they had not told the police what had been recorded in their statements, thereby doubting the police version that Jiah had committed suicide.
The petitioner has sought investigations by SIT under the supervision of the High Court and direction so as to allow the Federal Bureau of Investigation, USA, to assist the Indian investigating agency in the ongoing probe.
Rabia, a British citizen, has urged the High Court to direct the Juhu police to give her a copy of histopathology report, a copy of videography held during post mortem, copies of SMS exchanged between Suraj and Jiah and a copy of the call details record of Suraj and his father Aditya Pancholi.
Jiah's mother has also prayed for a direction to the police to provide her with a copy of transcripts of the BBM (Blackberry Messenger services) chat between Suraj and Jiah, copies of details of mobile tower location and allow exhuming Jiah's body so as to conduct more forensic examinations.
She prayed that police may be directed to book Suraj Pancholi with additional charges under IPC including 302 (murder), 323 (voluntary causing grievous hurt) and 376 (rape).
Rabia claimed that she had learnt through RTI that investigating officer Kalpana Gadekar of Juhu police was not on duty when Jiah Khan was found dead at her home.
Yet, there was a telephonic talk between her and father of accused, Aditya Pancholi, which points at the alleged nexus between the two.
The probe carried out by this officer was so shoddy that there is hardly any material in the charge sheet that would get the accused convicted under 306 of IPC for abatement of suicide, she further said.
On the first day of hearing in the sessions court, the accused applied for discharge which speaks volumes about the quality of investigation that has been carried out, she said.
Rabia pointed out that the police had ignored the opinion of a forensic expert sought by her. The expert had opined that the injury mark found on Jiah's person was circular which is impossible in a case of suicide.
The expert had also pointed out that the injury marks were so prominent that the same could not have been possible if a muslin 'dupatta' was used in the crime. Also, the injury mark had two prominent outer lines which are running parallel to each other which is possible if a belt was used. Besides, injury marks on the lip, chin hands and the neck of the deceased have not been explained at all.
Rabia further said that there were no findings of the finger prints at any place in the room. Also, the accused has been allowed to remain scot free. The police has still not found how Jiah could reach the top of the fan in the absence of any stool or any such object and why the curtains were down and AC was on and window open.
She said the witnesses had denied their statements to the police. For instance, her friend Anju Mahendru had told her that she had not told police in her statement that she had opened the window of the room (in which Jiah was found hanging from the fan). The window was already open, Anju said.
One of the doctors had also denied telling police that Jiah had suicidal tendencies. He told Rabia that only once he had seen Jiah in depression, otherwise she was quite normal human being, said the petition.
The other witnesses, who had interacted with Rabia during the sting operation, were the watchman and bouquet vendor. The bouquet vendor had denied telling police that Suraj had sent Jiah a "break up" bouquet following which she committed suicide. "It was a normal bouquet," he told Rabia.
Jiah's mother sought action against police officers alleging that they have tried to shield the accused.