NEW DELHI: Sushant Singh Rajput's family wrote to the CBI on Wednesday alleging "unprofessional conduct" by AIIMS director Sudhir Gupta in leaking a forensic report of the late actor and sought a new panel for fair and proper assessment of his death.
The letter, sent through advocate Varun Singh, claimed that the leaked report, if correct, amounts to drawing a 'biased and boastful' conclusion from insufficient evidence.
"I have been reading in the media about the report submitted by AIIMS to CBI with regard to the opinion expressed by CBI in the matter of the death of Sushant Singh Rajput on June 14, 2020. I have also seen some doctors who were part of the AIIMS Team come on TV and make statements with regard to the forensic examination done by the team," Varun said.
The letter, settled by Rajput's family lawyer, senior advocate Vikas Singh, stated that in spite of repeated efforts to get a copy of the report, there has been no response by Gupta.
The family has objected to the AIIMS report saying that the Gupta-headed forensic team was not submitting a post-mortem report but was only to express its opinion on the findings of Cooper Hospital in Mumbai.
"Gupta has been giving media interviews about the sensitive case right from day one, questioning the Doctors of Cooper Hospital for dubious autopsy and Maharashtra Police for hurried post-mortem and contamination and non-preservation of scene of the crime," the letter said, adding that there were several infirmities in the post-mortem report done at the Cooper Hospital.
Pointing infirmities, the letter said the post-mortem was done at night without there being any order of the Magistrate and the protocol was not followed as opined by several experts of forensic departments from all over the world.
"The videography of the post-mortem was not done. Sufficient viscera was not retained for future examination. The time of death was not mentioned in the post-mortem report. The injuries on the body were not specified and thus there was no opinion expressed of the cause of such injuries."
"The leg which was fractured was not mentioned in the report. There were several other infirmities which could be pointed out by a genuine forensic examination but somehow the same have been left out by the AIIMS team as expressed by one of the doctors in his interview telecast by a TV channel," the letter alleged.
It contended that Gupta recently got the incriminating content of the report, submitted to the CBI, leaked selectively to a couple of media houses, and irresponsibly commenting that the death of Sushant is 'conclusively' a case of suicide and there is no foul play.
"Clearly the said leak is aimed at creating doubts in the mind of people, bailing out agencies who have not done their job as per rules and standard protocols, benefitting the culprits and derailing the course of the ongoing investigation."
"The conduct of Dr. Sudhir Gupta is unethical, unprofessional, in contravention of government service conduct rules and MCI guidelines. This criminal misadventure on his part has undermined public trust in a premier institution like AIIMS. It has created doubts in the minds of millions of people about the fairness of the investigation," the letter said.
It said the forensic team of AIIMS has not given a categorical opinion on the flaws of the post-mortem done at the Cooper Hospital and has given a report which they were not supposed to do.
Therefore, the matter needs to be referred to another forensic team to be constituted by CBI by picking up some of the best names in the field from the different hospitals so that a fair and proper assessment takes place, the letter said.
"The AIIMS report, if at all, could have only specified the cause of death i.e.by hanging and could not have gone to say that it is a case of suicide because that is something which only the CBI can decide after a complete investigation in the matter."
The letter said that CBI may also inquire into the circumstances that led Gupta to indulge in such unprofessional conduct that threatens to jeopardize the course of the investigation and help wrong-doers escape the clutches of law.
The AIIMS medical board has ruled out murder in the death of Rajput and termed it "a case of hanging and death by suicide," the premier institute's forensic chief Gupta said on Saturday.
Rajput, 34, who made his silver screen debut in the critically acclaimed ''Kai Po Che'' seven years ago, was found dead in his apartment in suburban Bandra in Mumbai on June 14.
The CBI had taken over the probe from Bihar Police into the alleged abetment to suicide case filed by the actor's father KK Singh in Patna against Rajput's girlfriend Rhea Chakraborty and her family.