Sources in Kalina forensic lab tell mid-day that 80 per cent of the visceral samples collected have been used for analysis in the original probe, leaving only 20 per cent for the central agency
Vinod Kumar Menon (MID-DAY; August 24, 2020)

The Central Bureau of Investigation (CBI), which has just taken up the Sushant Singh Rajput case, has its task cut out for it with almost 80 per cent of the viscera (samples of organs) already having been utilised for analysis by the state's Forensic Science Laboratory (FSL), Kalina. The CBI may need to conduct its own analysis of the viscera samples to rule out intoxication or poisoning that can point to foul play.

The FSL Kalina had submitted a negative report after its analysis.

According to forensic sources, police had submitted four containers containing the viscera and blood sample after Sushant's autopsy.

"Nearly 80 per cent of the organ samples have been used for analysis. The blood was analysed for DNA, which is preserved. Nothing suspicious was found. The remaining samples have been sealed and preserved at FSL, Kalina. They can be used for a second analysis in case of disputes," said a forensic expert.

But is that much viscera enough for an analysis? "The CBI may want to do specific reanalyses, for which the sample may be sufficient. However, repeat tests after that might be a concern."

Highly placed sources investigating the case said, "The FSL scientist from Kalina who had visited the crime scene for analysis, found a cigarette butt and medicine strip, which were also analysed as non-biological samples along with a glass, but nothing incriminating was found."

"There is no scope for further crime scene analysis as it has not been preserved by local police, so subsequent missing of vital clues cannot be ruled out. With Sushant's body cremated, the CBI will have to rely on the post-mortem notes and the video footage of the autopsy. This may not be sufficient to ascertain direct foul play as no nail clippings, or finger swab were preserved," the source said.

Legal View
Senior criminal lawyer Dinesh Tiwari said, "Taking on the case after two months since the incident only makes CBI's situation grimmer. Crime can be tried in court on the basis of direct and circumstantial evidence which need to be corroborated with scientific evidence. It seems the CBI will have a big challenge of extracting forensic evidence."

Tiwari added, "The CBI will have to depend either on circumstantial evidence which may not lead to a foolproof case or puncture holes into the shoddy investigation by Mumbai police by submitting an inconclusive report in court."

FSL Scientist's Statement
CBI officials have also contacted FSL, Kalina to record the statement of a forensic scientist attached to its Physics department. Sources said that the analyst would be able to tell if any fibres from the cloth used for hanging got stuck on the neck and if the cloth was strong enough to bear Sushant's weight. Sources said that the FSL has asked the CBI to reach out through official channels.

Meanwhile, the Medico Legal Association of Maharashtra refuted reports that five forensic surgeons who conducted the analysis were questioned by CBI. Dr Shailesh Mohite, the Association's president, said, "The reports are untrue. The forensic surgeons approached us and were concerned about being trolled online. We would appreciate factual reporting in such sensitive cases," Mohite said.

Professor Dr Rajesh Dhere, the Association's secretary, "If any submission is made by forensic surgeons attached to Cooper with regard to Sushant's autopsy, we will look into it."

A CBI officer of the rank of sub-inspector did visit Cooper hospital on Saturday and submitted a letter requesting the CCTV footage of the casualty ward, the Cooper Post Mortem Centre and relevant documents.

An insider said, "Cooper hospital's dean may be able to furnish all details except the CCTV footage of the post mortem centre as it comes under Police Surgeon Dr S M Patil."

Dr Patil was unavailable for comment due to personal reasons. Dr Pinakin Gujjar, dean of HBT Medical College and Dr R N Cooper hospital, said, "I cannot comment at this stage as a CBI probe is on."

Expert Speak
Solicitor Stuti Galiya said, "In any criminal investigation, a crime scene provides actual, direct and physical evidence. This evidence virtually determines the fate of the case. In the two months since the incident, it is likely that most of the direct and physical evidence may be lost or tampered with. The court would have to rely heavily on circumstantial evidence. This would leave a lot of room for interpretations, arguments and questions on authenticity and genuineness of the evidence," said Galiya.

"It is possible that either an innocent person will get dragged in the case or the real culprit will get acquitted," Galiya concluded.


CBI officers at Bandra police station. Pic/Sameer Markande

It has also emerged that the post-mortem of the celeb manager was not videotaped or photographed
Vinod Kumar Menon (MID-DAY; August 6, 2020)

Fifty-six days after the death of Disha Salian, 28, a botched-up autopsy has now come to light, raising more concerns about the loss of crucial forensic evidence, which could have otherwise helped the investigators to rule out foul play.

In the wee hours of June 8, Disha, Sushant Singh Rajput's manager, was believed to have allegedly jumped from a high-rise called Galaxy Apartment at Jankalyan Nagar, Malad (W). She was rushed to Shatabdi hospital, where she was declared dead before admission.

What was missed
Clinching facts, according to forensic sources, are now allegedly coming to light, raising serious concerns about the clandestine approach of both the forensic surgeon and the police, while handling Disha Salian ADR (Accidental Death Register) case – Autopsy done two days after death, No photograph/video recording of the post-mortem done, no nail clippings preserved, no crime scene visit done by the forensic surgeon, no dummy test done to recreate crime scene circumstances to rule out accidental/suicidal fall or homicide attempt. Above all, the clothes that Disha wore on the fateful night, were not examined by a forensic surgeon nor sent to a forensic science laboratory to rule out any assault or collect any stains.

Sources revealed, "The only sample that was collected and sent to the Forensic Science Laboratory, Kalina was viscera for chemical analysis to rule out any intoxication or drugs. Swabs were sent for ruling out sexual assault. The police have also sent Disha's mobile phone to retrieve data."

This was confirmed by senior forensic scientists attached to the state FSL, Kalina stating, "We received only viscera and swabs, other than a mobile phone for cyber forensic analysis, four days after (July 15) the post-mortem was done."

When asked if the mobile forensic laboratory team was called to ascertain the crime scene study from FSL, Kalina, an officer said they were not called for any such study.

Two days ago, the police wrote to FSL, Kalina, asking them to expedite the analysis.

'No strong scientific evidence'
"With Disha's body cremated and no photographic evidence or crucial forensic materials in hand, the investigating police agency could have otherwise sought a second forensic opinion from medico legal experts. Now they have missed out on a strong scientific evidence, to rule out any foul play," explained Dr Rajesh Dhere, professor and head of the department, LTMG.

When asked why the samples were not preserved or there was a visit to the crime scene, a source from Bhagwati post-mortem centre, said, "The local police had not asked for a crime scene visit. Also, no complaints were there or foul play was suspected by her parents, whose statements were recorded by police, and sent with the inquest panchnama for the post-mortem."

On asking the reason for waiting two days before conducting the post-mortem, the source at Bhagwati postmortem centre said, "The result of the deceased's Coronavirus test was awaited, and so the body had to be kept in the mortuary. It was only after the COVID-19 test came negative, the body was sent to Bhagwati post-mortem centre, two days later."

In the post-mortem it was learnt that Disha had a fractured skull, and multiple rib fractures. The provisional cause of death was, 'death due to head injury and multiple injuries," (unnatural).

Interestingly, Bhagwati post-mortem centre comes under the police surgeon Dr S M Patil, who is also the medico legal-advisor for state of Maharashtra.

Dr Patil said, "I have already provided all post-mortem centres with PPE kits and directives have been given to the forensic surgeons to conduct post-mortems, in any medico-legal case, without awaiting for a COVID-19 test report. Moreover, even WHO and ICMR have clearly stated that an infection from a deceased due to COVID-19 is not a high-risk. Autopsy should have been done the same day, had the police brought the body to the pm centre."

Dr Dhere also admitted that there is no need for delay in conducting autopsies in medico-legal cases during the pandemic. "Already PPE kits have been provided to the autopsy surgeon/s and timely autopsy is always crucial to ascertain the exact time of death in such medico-legal cases," he said.

Dr Dhere also said, "Every unnatural death autopsy needs to be performed seriously and with suspicion, when brought to the post-mortem centre. It is the discretion of the autopsy surgeon, to decide the need for any crime scene investigation, photographs or additional information, as required for him to corroborate, with his autopsy findings. And the investigating police officer should facilitate the same. Also, the Indian Evidence Act is very clear about the role of expert witnesses. Moreover in case of any doubt, the forensic surgeon can always seek expert advice by reaching out to the post-mortem centre head or police surgeon, who heads the post-mortem centres in the city."

Dr Dhere, added, "Emphasis should be given to crime scene investigation, especially in case of fall from height, it would help to ascertain the circumstances and help the forensic surgeon in analysing the place from where the deceased is believed to have leaped or otherwise. The height of the balcony, fencing if any, nature of fall, etc. are very crucial for understanding. And in certain cases, dummy tests, where a dummy of similar height and weight like the deceased is made and thrown from the said height, to ascertain the nature of fall, wind velocity, extent of damage to body etc."

Expert speak
Dr Rukmani Krishnamurthy, former director of the State FSL, Kalina said, "It is said that the crime scene is a wealth of clues for forensic surgeons and forensic scientists. The victim's body is often a source of invaluable clues to what has happened at a crime scene. Hence it is the prime job of the forensic expert to be present at the crime scene as soon after the crime occurs as possible."

"A death due to fall can be natural fall or an intentional push, the forensic experts can throw light on this point by examining whether the body is lying ace down or head down, the type of injuries if any during a struggle while pushing. The distance of the fall from the parapet throws light on the type of fall. Likewise, there may be lot of other clues at the crime scene which can give a breakthrough for the investigation," she said.

Mumbai Police Appeal
The Mumbai police on August 5, issued a media statement stating that the Malwani police has registered an accidental death case no 85/2020 in the Disha Salian case, and that the police are investigating the case from all possible angles.

The police also appealed to the public stating that as there are different stories pertaining to the said death, on social media, print and news channels, in case anyone has any information or wants to share details pertaining to the case, he/ she can share the information with any of the following police officers –

Additional Commissioner of Police (North) Region, Mumbai
Phone no – 022-28854625
Email- cp.mum.addcp.north@mahapolice.gov.in

Deputy Commissioner of Police (Zone 11), Mumbai
Phone no – 022- 28903899
Email- dcpzone11-mum@mahapolice.gov.in

Assistant Commissioner of Police (Malwani division), Mumbai
Phone no – 022- 28820497
Email- acpmalad@gmail.com

Senior Police Inspector, Malwani Police Station, Mumbai
Phone no – 022- 28821319
Email- ps.malvani.mum@mahapolice.gov.in


The building from where she allegedly jumped. Pic/Shadab Khan

Clippings of fingernails and other evidence from the body could have helped clear the air around whether there was any foul play in the case
Vinod Kumar Menon (MID-DAY; August 5, 2020)

Crucial finger swabs and nail clippings of Sushant Singh Rajput were not collected by the team of forensic surgeons during the actor's autopsy on June 14 at Cooper Hospital after he allegedly hanged himself. Sources said these, and dust particles from the ceiling fan and on the cloth he used to hang himself, both could have helped rule out foul play.

This swab could have indicated if dust particles from the ceiling fan were present on Sushant's fingers. This would have cleared the ambiguity over foul play," said a forensic surgeon from a city medical college on condition of anonymity.

The surgeon explained, "The dust particles would have been on the cloth used for hanging, on the ceiling fan and fingertips. Type of dust particles on all would have offered a clue. Even if the fingertips did not have dust, the cloth and fan would surely have had."

Need a mix of experts
Medico-legal experts are of the opinion that instead of having five forensic surgeons to conduct the autopsy in high profile cases it is advisable to have a mix of professionals such as a forensic surgeon, pathologist, an expert from the State Forensic Science Laboratory (FSL), etc. The police surgeon, who is also the medico-legal advisor to the state, was not approached or contacted by the investigating police team for forensic advice. Also, no fingerprint expert was present during the forensic team's visit on July 16. The same team of forensic surgeons conducted Sushant's autopsy at Cooper hospital in Andheri.

"The forensic surgeons/scientists could have asked to take specific fingerprints, which a fingerprint expert may miss out on as every crime scene is different. An analysis of the same by a forensic surgeon and forensic scientist usually helps gather more evidence," the surgeon said.

Better coordination must
Experts explained that there should have been better coordination between various departments such as forensic medicine, fingerprints, photography, etc. to ensure a watertight evaluation of the crime scene, with solid direct and indirect evidence. The collective presence of all experts can help analyse and preserve evidence better.

The five-member team that conducted Sushant's autopsy had four forensic surgeons from the Department of Forensic Medicine and Toxicology, HBT Medical College and Dr R N Cooper Municipal Hospital and one from the hospital's post-mortem centre, working under police surgeon Dr S M Patil. Dr Patil told mid-day, "We have divided the week's work between the postmortem centre and the HBT Medical College's Department of Forensic Medicine. On the day Sushant's autopsy was conducted, it was the HBT team's turn to be on duty and the doctor at the postmortem centre at Cooper hospital was asked to join." A senior police officer refused to comment on the matter.

Autopsy findings
Forensic sources revealed that Sushant's autopsy on July 14 was recorded for future reference. A physical examination of the body showed no external injuries. Forensic surgeons used adhesive tape on the ligature mark on the neck for fibre estimation. This is usually done to identify the cloth used for hanging. However, no nail clippings were preserved as they were not requested by the police. They could have helped rule out scuffles.

The FSL, Kalina's analysis of the viscera and blood sample for presence of drugs or other intoxicants has returned negative. The team of forensic surgeons will be submitting their final cause of death report to the police soon.