The Bombay High Court on Friday said the death of Anuj Thapan, an accused in the case pertaining to firing outside actor Salman Khan’s residence, does not appear to be a custodial death.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said there seems to be nothing amiss about the death.
On April 14, two motorcycle-borne persons opened fire outside actor Salman Khan’s residence in suburban Bandra area. Police later arrested Vicky Gupta and Sagar Pal from Gujarat, while Thapan was held on April 26 from Punjab.
Thapan allegedly died by suicide in police custody on May 1 this year. He was found hanging in the toilet of the crime branch lock-up.
The court made the remarks after perusing the report submitted by the magistrate who had conducted an inquiry into the death.
As per law, a magisterial inquiry has to be conducted in cases of custodial death.
Thapan’s mother Rita Devi had moved HC alleging foul play and had claimed her son was killed.
Devi, in the plea, sought HC to direct the Central Bureau of Investigation (CBI) to probe the death. She had alleged Thapan was physically assaulted and tortured in police custody.
The court on Friday said there seemed to be no reason for the police to harm him as he could have been helpful in their investigation.
The court acknowledged the anguish of Devi and said while the mother’s disbelief was understandable, it was difficult to determine what compels someone to die by suicide.
“Nobody knows any person that well. What transpires in a person’s mind at that time, nobody can tell. That’s why suicides happen,” Justice Dere said.
After going through the report, the bench remarked “there was nothing amiss in the death” of Thapan.
The court also referred to CCTV footage showing Thapan restless and pacing in his cell and later entering the toilet alone.
“The CCTV footage does not indicate anyone went to the toilet after him. That rules out the possibility of someone following him. Normally, he would have struggled (if he was killed). There is nothing,” Justice Chavan said.
“We can’t fathom any reason for the police to kill an 18-year-old. On the contrary, he could have been the best person to help the police. They could have made him an approver,” the bench said.
The court posted the matter for further hearing on January 24 and asked Devi’s advocate to go through the magistrate’s report.
