The Bombay High Court on Wednesday rejected the criminal petition seeking the formation of a SIT into the Jiah Khan Death Case, filed by Rabia Khan, the mother of Jiah Khan.
While rejecting the criminal writ petition of Rabia Khan in connection with the death of Jiah Khan in 2013, the High Court made very strict remarks against Khan’s approach in this case. The order was passed on September 12, but the detailed order was made available on Wednesday.
“In view of the facts noted hereinabove, we were in fact inclined to saddle the petitioner with exemplary costs, however, at the pleading of the learned advocate for the petitioner, we refrained ourselves from doing so. The criminal writ petition is accordingly dismissed,” the court said while dismissing the petition.
The HC said that it was satisfied with the investigation carried out by CBI.
“Court indubitably is satisfied with the further investigation carried out by CBI, and nothing would preclude the petitioner from invoking the appropriate powers of the Criminal Court and exercising such powers, including the powers under Sections 216 and 319 of Code of Criminal Procedure,” the Court said in its order.
The HC also raised questions over the conduct of the petitioner and said that it has led to prolonging the trial.
“The conduct of the petitioner has laid to unnecessarily prolonging the trial which was yet to be opened at the then time and that speedy justice being the constitutional right of both the accused and victim, this Court comprehensively dismissed the Criminal Writ Petition,” the HC further held.
“The petitioner has openly expressed her scepticism in our country’s criminal justice system and investigating agency, and thus we find it necessary to deal with the same,” the HC noted.
The Court also mentioned the UK-based law firm Scarmans, which was approached by the petitioner in the case and the report published by the firm.
The HC also raised questions about the petitioner procuring a “biased report” from a firm that has no authority in India.
