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The Court noted that "the Rule of law is prevalent in our country and we do not have the slightest doubt that the Trial Court shall deliver its verdict without fear or favor whilst adhering to the due process of law".
A division bench of Bombay High Court comprising of Justice A.S Gadkari and Justice Milind N Jadhav rejected the plea of Rabia Khan for further investigation in the case of the death of Jiah Khan.
The petition was filed by Rabia Khan, Jiah Khan's mother, after a British Solicitor Firm made a report of the lacunae and discrepancies in the investigation by the Police. After considering the report the court noted that,
“We are aghast and shocked to read the said report and most importantly what is stated therein. In the first place, it is not understood whether the authors of the report understand the difference between investigation and trial. Prima facie it appears that the authors of the report are of the belief that the trial in the case has already been completed.”
The court further went on to note that the report is submitted after the investigation was completed and the trial has already been commenced. Further, the court noted that the report attempts to deliver a verdict even before the trial is completed. It also suggests training for police officers and investigators along with forming a new SIT when the High Court has already passed detailed order after considering all the issues of the petitioners which have been upheld by the Supreme Court.
The Court in its order further stated that “Repeated insistence of Petitioner to procure a finding from the Court that death of the victim, in this case, was homicidal and not suicidal is a clear indication of procrastinating the trial, especially when her substantive rights have not been foreclosed.”
The court while coming heavily on the petitioner stated in the order that “We also strongly deprecate the manner in which the said report is worded which virtually shows the premier investigating agency of our country in poor light.”
The High Court took note of the fact that the investigation was carried out by the CBI in a fair and impartial manner after considering all the angles in the death of Jiah Khan.
The Court while dismissing the petition noted that it was inclined towards imposing heavy costs on the petitioner for filing similar petitions even after orders were passed by the High Court and Supreme Court in the previous petitions. However, at the request of the advocate representing the petitioner the court refrained from imposing the exemplary costs on the petitioner.
Case Title: Rabia Khan vs. Union of India & Ors.
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