Showing posts with label Rabiya Khan. Show all posts
Showing posts with label Rabiya Khan. Show all posts
I was made into this ‘evil monster’ when I was only 21-Sooraj Pancholi
8:42 AM
A ‘free man’ today, Sooraj Pancholi bares it all in a no-holds-barred conversation
Rishabh Suri (HINDUSTAN TIMES; April 30, 2023)
The special CBI court has acquitted you of all charges. How does the term ‘free’ make you feel?
I am still trying to believe that I don’t have to go to court anymore. When these charges were put on me, I was 21. I am 32 now. I spent my entire 20s in court. Even today (the day of the judgement), maybe to others, seemed something different. But for me, it felt the same because I have been sitting in court every week. I have fought a lot. It has taken a lot of patience and courage.
The court, in its verdict, said you had “tried to get her (Khan) out of depression”. Could you tell us more about this?
I was the only one there for Jiah during her worst time. Her family is now running for justice, but what justice are they talking about? They were not there for their daughter when she needed them. I had informed Jiah’s family that she was going through depression. I did as much as I could for her at that time. But, I was only 21 years old. I was not even capable of taking care of myself. Yet, I tried my best to take care of Jiah, who was a few years older than me. In the end, she didn’t need me; she needed her family. The sad truth is that her family, including her mother, were only present in Jiah’s life when they needed financial support.
The judgement was based on lack of evidence...
(Cuts in) That’s the technical term for lawyers and judges to use. There is no evidence against me; it’s not ‘lack’ of evidence. ‘Lack’ makes it sound suspicious.
Ten years... How has life been like over the past decade?
It has been extremely difficult. I felt lonely because I didn’t want to speak to my family about it. They were going through a lot because of me anyway. Besides them, I don’t really speak to anybody. That made me feel really upset. It’s very easy to accuse somebody, but only the person knows what it takes to prove that everything being said against them is not true.
Did you have to lose out on work because of this case?
A lot, because of this perception [that the world had formed of me]. I was made into this ‘evil monster’ when I was only 21. It was not in my control because I was facing a virtual media trial, where there was no investigation, no research, no evidence. My entire trial was a media trial. It was all hearsay. That’s what made it even worse.
Could you describe your relationship with Jiah?
I knew her for maybe six months in total out of which, I was in a relationship for five months. It was a short relationship. It’s very difficult to know what a person is going through in just a matter of five months! And at that age, I was too immature to even understand the magnitude of what she was going through. I informed her family that she had tried to end her life six months before she died.
So, you met her right after she had attempted to kill herself?
Yes. It was 2012. I had sent for the doctors for her. If I had not been present that day, she would have died long ago. I had informed her mother — her family was in London — and told her that Jiah had wounded herself badly on her arm with a piece of glass. She said, ‘Beta, you take care of Jiah; I am going to take the next flight’. And she came after three months. Just because she is a mother does not mean they had good relations; it does not mean she was responsible or caring.
In what way was Jiah’s family involved in her life? Can you elaborate?
She was the only person supporting her two step sisters, her mother and her mother’s partner (not husband). Jiah had been supporting all of them since the age of 16, when she was brought to the Hindi film industry by her mum. She was pushed into films; Jiah didn’t want to pursue acting. She wanted to study further. Yes, I loved Jiah, but love from me was not enough. Love from her family is what she needed and wanted.
The six-page suicide note, which did not address or name anyone, mentioned that there had been an abortion and that the relationship was abusive.
In court, after 10 years, it was proven that the letter matched the notebook that was found at Jiah’s house. That notebook has been proven to be Rabya’s notebook. The notes inside and the handwriting, are Jiah’s mother’s. So, the investigation team, the CBI, and the police matched the two handwritings, but they never investigated whose diary it was! It was just assumed to be Jiah’s. Jiah and I knew each other for five months; we were not in a five-year marriage. If I was so abusive and so bad as a boyfriend, why did Jiah’s mother not raise an objection back then?
Why do you think you got implicated in this incident?
Jiah’s mother knows she is guilty of being an irresponsible mum, and she doesn’t want to take the guilt on her head. I think she will find peace only if somebody else is blamed for her mistakes.
After a decade, I was able to look my parents in the eye-Sooraj Pancholi
8:40 AM
Renuka Vyavahare (BOMBAY TIMES; April 30, 2023)
In his first exclusive interview after being acquitted in the Jiah Khan suicide case on Friday, actor Sooraj Pancholi (30), reflects upon his decade-long trial coming to an end, his hopeful present and what lies ahead for him. In this conversation with us, the actor drops his guard like never before. Excerpts…
After 10 years you were declared not guilty by the Special CBI Court in the Jiah Khan case where you were accused of abetment to suicide. Talking to us at this point, what are your feelings?
It’s a huge weight off my shoulders. These past 10 years, even when I was in a relationship, I couldn’t give it my hundred per cent because my future was uncertain. I can now plan my life. No matter what you have in life, peace is what you need the most, beyond fame, money and success. I have not been at peace for the past 10 years. Every night before I slept, I thought about this. As I woke up, I thought about it and this happened to not just me, but my father (Aditya Pancholi), mother (Zarina Wahab) and sister (Sana). I am yet to come to terms with the fact that it is over. I am still getting used to me being a free man. It hasn’t sunk in yet.
Today, how do you remember Jiah Khan and the relationship you two shared?
I sent a friend request to Jiah on Facebook. She was a beautiful girl and had done a few films. She reverted about a year later and we became friends. I was in a relationship with Jiah for only five months and I didn’t know the magnitude of what she was going through. She needed love not from her boyfriend, but her family too. She wanted them to support and understand her.
Jiah had a lot of pressure to support her family - two younger stepsisters, mother and her partner. She was the only earning member and she wasn’t getting the kind of work that would help her in doing so. I didn’t know the gravity of the situation then as a 20-year-old, but I had informed her mother about her depression and that she needed help. Back then, there wasn’t much awareness about mental health. She didn’t have that emotional support from them. She only had me.
When I had initially met Jiah and we weren’t in a relationship, she had tried to slit her hand wanting to end her life in 2012. I had called Rabiya ji in London, and she told me she will be in Mumbai on the next flight, but she didn’t show up for months. Was this a normal parent-child relationship? I was there for her and during that time, we fell in love. She was a wonderful person but my love for her wasn’t enough. She needed familial love. There’s so much I could have said in court, but I didn’t because I want the family to have peace, but accusing me is not the way. The court has observed that the suicide letter presented as Jiah’s was not written by her and was submitted to the police days after it was given to the media. The judgement copy states, ‘The circumstances create serious suspicion regarding the actual author of the said letter.’
All these years, did you feel ostracized or judged by people even before the courts gave their verdict. How did you deal with it?
From the moment I stepped out of my house to the time I got back, I felt trapped, breathless, and judged every day. Especially in showbiz, perception is everything. At any event, I was the last person to reach and the first to leave. Even when they were probably not judging me, I felt that way. There was this constant pressure, a feeling that people don’t want to be around me or seen with me and that is the worst feeling ever… the thought of being unwanted. When this happened to me, I was not a part of the industry. I was accused in 2013 and my first film came out in 2015. I did sense a bit of hesitation and hostility. I was removed from projects. The films that I was working on were stopped midway. Every time I tried to move on, some fake reports in the media and vicious online trolling held me back.
At one point you even went black on social media to register your outrage.
I was so fed up. Baseless accusations and bizarre conspiracy theories connected me to the death of Disha Salian (celebrity manager), which I had nothing to do with! When you are in the dirt, it’s easy to put some more dirt on you. It was horrible! I don’t speak about my problems to anyone. I don’t share my inner turmoil even with my parents because I don’t want them to suffer. On Friday, after a decade I looked my parents in the eye. We wouldn’t speak about this case (Jiah Khan) in the house. I would discuss it with my lawyers, but never with my family. My mother wanted to accompany me to court for the verdict, so you saw her there. My sister stayed with my father at home. For 10 years, I went to the court alone. I didn’t want them to see what I was facing in court or going through in life. I don’t vent, I have trained myself to be this way. The only time I cried was when I entered my house after the acquittal. That was closure for me.
Despite the verdict, a certain section might continue to troll you. How do you feel about that?
I must make this clear. Eight years ago, as an accused, I had a right to be discharged based on insufficient evidence against me, but my family and I opted to undergo trial. It was my decision to face trial. I had a discharge order from the Bombay HC, but I wanted the truth to come out. Had I been discharged, people would have assumed that I got away because I am ‘influential’. I am sure people even today might think that Sooraj got away, but I did not. I have hardly spoken about this case in the media, so it was easy for people to think that I was the bad guy. I want people to go through my judgement letter. It has all the details. They can then decide for themselves.
Your proximity to Salman Khan is often spoken about. In 2015, he even launched you with Hero, a film that he produced.
Salman Khan is not a friend of my father or mother. Of course, they know each other as they all work in the same industry. I was an AD on Ek Tha Tiger and he had told me that he will produce my first film. I was accused in 2013 two years before that film (Hero) came out, and he still produced that film and stood by me. He has done more than anyone else for me, but I know my limits and I won’t exploit that bond. I have met him a hundred times, but never for work. He was the first person I messaged as soon as I left the court. He had told me, ‘Sooraj, if you know in your heart that you haven’t done anything wrong, you have nothing to worry about.’ I knocked on everyone’s door for work in these last 10 years. Corporates and studios didn’t want to work with someone who had travel restrictions and a sword dangling over his head. They wanted me to have a clean chit first. I feel reborn now and I am ready to work.
Rabiya Khan has maintained that her child was murdered and abetment to suicide was a wrong charge. Are you ready to continue with your fight?
This is no longer about justice but harassment. I just want her to leave me alone. There is no revenge to take from me. I have done nothing wrong. Baseless allegations were made against me, and nothing was proved in court except that I was in a relationship with her. The mother just wants to take the guilt off her shoulders and put it on someone else. She needs a person to be blamed so that she feels at peace. Jiah didn’t have a father. She met him once when she was a baby. Her mother moved houses, she came to Mumbai at 16 to become an actor and she had been supporting her family financially since then. No other person was investigated except for me because I was her boyfriend. Is being in a relationship or loving somebody a crime? As a 20-year-old boy, I tried to help Jiah as much as I could. There’s nothing more that I could have done. Today, I am 10 years more mature, more aware about mental health. I could have strived harder to save her had it happened now.
Sooraj Pancholi can think peacefully now and will soon start afresh-Zarina Wahab
8:34 AM
Syeda Eba Fatima (HINDUSTAN TIMES; April 30, 2023)
“God has given us a sigh of relief,” exclaims actor Zarina Wahab, about her son, actor Sooraj Pancholi’s acquittal in the Jiah Khan suicide case of 2013.
“Kehte hain na, bhagwaan ke ghar der hai, andher nahin. This is an excellent illustration of it,” she says, adding, “Sooraj can think peacefully now and will soon start afresh. He will definitely do something better in life and in his career.”
The last 10 years, she admits, have been exhausting, with her son going in and out of court for trial and hearings. But, the actor says she had no expectations from anyone during this time period.
“We never begged for assistance. Na kuch maanga humne, na kisi ke aage haath phailaaye. Sirf upar waale se dua maangte the aur upar wale ne humari sunn li. He took his own time, par insaaf toh mila,” she shares.
Wahab is quick to add that a lot has happened in the past decade. Not only did Sooraj face a setback in his career, the family lived in anxiety. “Bahut saari cheezein hui in 10 saalon mein, jo hona nahin [chahiye] tha. But, what can we do now... We can’t change what has happened. Das saal nikal gaye, par lagta hai ki jaise sab kal ki baat hai,” she recalls.
While the verdict has come as a relief for her family, Jiah’s mother, Rabiya Khan, has said she will continue to fight and seek justice for her late daughter. Ask Wahab her take on Rabya’s statement and she says, “If she wants to continue fighting, let her do it. She also knows what the truth is. Maloom hone ke baad bhi woh aisa kar rahi hai toh it’s her personal lookout. I don’t have anything to add to that.”
Suicide nahin toh kya? Who killed Jiah is the question the court and the prosecutor should be asking-Rabiya Khan
8:33 AM
Sugandha Rawal (HINDUSTAN TIMES; April 30, 2023)
Actor Sooraj Pancholi may have been cleared of charges by the court, but late actor Jiah Khan’s mum, Rabiya, is not ready to end the fight just yet. She is preparing to take the case forward by approaching higher authorities.
“The judgement is not unfair,” Rabiya tells us, and goes on to add: “From day one, I have been saying it (abetment of suicide) is a wrong charge to put. They should have framed charges under [IPC] Section 302 (punishment for murder). Now, the path is clear for me to take my fight forward.”
Jiah was found dead in her Mumbai home on June 3, 2013. A six-page suicide note recovered spoke about “physical abuse, mental and physical torture” allegedly at the hands of Sooraj.
“Suicide nahin toh kya? Who killed her is the question the court and the prosecutor should be asking. My daughter was not one to get influenced. She was not a weak person. They (court) took 10 years [to reach this verdict] and now, they will make me run for another 10 years fighting the murder case. I am ready to fight till my last breath,” she says, adding that she is disappointed with the agencies that have “made a fool of people”.
Rabiya has already started putting together the necessary paperwork to appeal to the higher court. “I’ll do whatever it takes to get my baby justice. It is their job to find out who killed my daughter. They must have thought I would get tired after a 10-year fight. But, I am not tired. I will fight. I have been saying that my child was murdered. Now, the court has got the suicide angle out of the park, which brings clarity to me,” she says.
Rabiya goes on to reveal that people don’t look at her as a mother fighting for the justice of her daughter, but someone who is avenging Jiah’s death.
“I am not so big that I will do all this (seek revenge). I just want to get justice for my daughter. People look at me as a criminal, not a mother who is fighting for her kid. I just hope I get the strength to continue, which I get from seeing how Jiah continues to be loved and remembered,” she mentions.
On Sooraj, Rabiya says: “I feel bad for him. Mujhe sirf taras hi aata hai, thinking what a waste of life, talent, youth and everything.”
CBI Court acquits Sooraj Pancholi; says "80% evidence of Jiah Khan’s mother full of improvements, contradictions"
8:33 AM
‘Mother’s Delay In Lodging Plaint Not Explained’
Swati Deshpande (THE TIMES OF INDIA; April 29, 2023)
Mumbai: Calling actor Jiah Khan, who died by suicide 10 years ago, a “victim of her sentiments”, a special court on Friday acquitted her then boyfriend, actor Sooraj Pancholi, of the charge of abetting her suicide.
Twenty-five-year-old Jiah, a US citizen, was found hanging in her Juhu house on June 3, 2013. The court doubted the suicide note, which her mother, Rabiya, said on June 7 that her other daughter had found in Jiah’s wallet. It also said Rabiya could not explain the delay in lodging a complaint.
“No doubt it is an unfortunate incident that the young girl has committed suicide. However, the available evidence on record reflects that Jiah was a victim of her sentiments,” said special judge A S Sayyad adding, “she could have always walked out of her relationship”.
The court pointed out the police found no suicide note on June 3. The court said that 80% of Rabiya’s “evidence is full of improvements and contradictions”.
The CBI “miserably failed” to establish the abetment charge and “in the absence of any mens rea (guilty mind)” to show any instigation, it cannot be said Pancholi drove Jiah to suicide, said the judge.
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Swati Deshpande (THE TIMES OF INDIA; April 29, 2023)
Mumbai: Acquitting actor Sooraj Pancholi of the charge of abetment to suicide of his girlfriend Jiah Khan 10 years ago, the CBI court said her mother was the “main and crucial witness” but “80% evidence of complainant is full of improvements and contradictions”.
Special judge A S Sayyad said, “The complainant in her evidence went to the extent to state that whatever letter (was) sent for examination… the handwriting therein was of her. The complainant by stating as such herself created chaos regarding said letter (suicide note).”
The Juhu police had arrested Pancholi, then 21, on June 10, 2013. The son of yesteryear actors Aditya Pancholi and Zarina Wahab stayed in custody till the Bombay high court granted him bail on July 1.
A clean-shaven Pancholi, in olive green shirt, trousers and sneakers, appeared calm as he stepped in the dock on Friday. Addressing him, the judge said: “Due to paucity of evidence, you have been held not guilty. You are acquitted.”
Wahab, who was in court, had tears. Wiping them, she told TOI with folded hands: “I thank God.” As the verdict was pushed back to 12:30 pm, the former actor had sat stoically on a bench, playing a popular game on her phone. Besides Pancholi, his defence counsel Prashant Patil, Rabiya and her counsel Shekhar Jagtap, the court room was packed with mediapersons and law interns.
Rabiya later told TOI that she would appeal the verdict as it was always her case that it “was murder”. The CBI, through prosecutor Manoj Chelladan, examined 22 witnesses in a bid to prove abetment. Pancholi’s lawyer Patil argued the agency had failed and none of the witnesses had pointed fingers at Pancholi, entitling him to be let off.
Accepting Patil’s plea and citing SC rulings on section 306 IPC (abetment of suicide), the judgment said testing the evidence on the touchstone of the requirements laid down by the SC to prove instigation, “it will have to be held that the prosecution has utterly failed to produce sufficient and cogent, dependable evidence establish the ingredients”.
On a message that Jiah received and the prosecution relied on to prove abetment, the court said it showed there was misunderstanding between Jiah and Pancholi over Pancholi meeting a woman friend. Moreover, it is “noteworthy” though Rabiya knew of differences in the relationship, “she never complained before anyone”.
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Special CBI court cited “paucity of evidence”. Sooraj’s mother Zarina Wahab broke down after the verdict, Jiah’s mother found it “predictable”
Renuka Vyavahare (BOMBAY TIMES; April 29, 2023)
Actor Sooraj Pancholi was acquitted of abetment charges on Friday in the Jiah Khan suicide case, nearly 10 after the 25-year-old’s death on June 3, 2013, made national headlines. “Due to paucity of evidence, this court can’t hold you (Sooraj Pancholi) guilty, hence acquitted,” said Special Judge AS Sayyed of the Special CBI Court, while delivering the verdict.
NONE OF THE JUDGEMENTS HAVE GONE AGAINST HIM IN THESE 10 YEARS: SOORAJ’S LAWYER PRASHANT PATIL
The acquittal will hopefully end a troubled chapter in the life of the embattled actor, who was dating Jiah at the time of her suicide and has faced a decade of public outrage and hostility. Sooraj was accompanied in court by mother Zarina Wahab and a few friends. While there was a media frenzy outside the court, Sooraj looked relatively calm as the verdict was read out. Zarina, though, could not hold back her tears as she stood with folded hands. Mother and son headed to Siddhivinayak Temple afterwards.
Sooraj’s lawyer Prashant Patil said, “None of the judgments since 2013 has gone against Sooraj Pancholi. The matter was investigated by the CBI and Mumbai Police and no evidence was found against Sooraj. It’s easy to make allegations in the media, but to provide evidence is important; 22 witnesses in the case spoke against the abetment theory.”
Sooraj had been charged with abetment to suicide under Section 306 of the Indian Penal Code.
I WAS NOT HOPING FOR ANY MIRACLE TODAY: JIAH KHAN’S MOTHER RABIA KHAN
Jiah’s mother Rabiya arrived in Mumbai from London on Friday morning. Speaking to us after the court’s verdict, she said, “Abetment to suicide was a wrong charge. For the last 10 years, I have been giving evidence and telling the CBI that there are loopholes in the investigation. Jiah’s real cause of death has not been established till date. If it was not abetment, what was it? I have been saying that my child was murdered,” adding, “I will speak to my legal team and take necessary steps. The verdict wasn’t a shock, it was predictable. I was not hoping for any miracle today.”
Rabiya’s lawyer Shekhar Jagtap said, “We may have lost the battle, but the war is still on. The court has acquitted the accused due to lack of evidence. We need to read the judgment and then take appropriate steps.”
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As special CBI court gives verdict in favour of young actor, Jiah’s mother Rabia says she will move higher court
Faizan Khan (MID-DAY; April 29, 2023)
The six-page suicide note allegedly written by actress Jiah Khan, due to which a case of abetment of suicide was registered against actor Sooraj Pancholi, turned out to be a factor that resulted in a special CBI court acquitting him on Friday. Pancholi’s advocate, Prashant Patil, claimed that the note was not written by the deceased.
He also stated it was found inside a diary three to four days after the alleged suicide occurred, on June 3, 2013.
Jiah Khan’s mother, Rabiya Khan, addressing the media outside the sessions court on Friday, said, “I have always said that this not a suicide but a case of murder and this verdict further strengthens my claims. I will move the higher court to challenge this order.”
Patil, who claimed that the suicide note and other evidence were planted to “suppress the truth that Jiah Khan was suffering from depression”, has also stated that the forensic report has confirmed that the handwriting in the diary matched that of the suicide note and that the writer of both is the same.
He told mid-day, “Rabiya Khan had testified before the court that this was not a suicide note. Secondly, when the police raided the premises on the day of the suicide, they didn’t find any note. Four days after the incident, somebody came up with the note and it was given to the media, not the police. The note does not mention anybody’s name nor was it signed or addressed to anyone. According to the CBI, the so-called suicide note was seized from a diary. The opinion of handwriting experts is that the author of the diary and the suicide note are the same. During the trial, the prime witness (Rabiya Khan) admitted that the handwriting in the diary is hers. Thus, the suicide note theory and the entire case against my client falls flat.”
He added, “While being cross-examined before the court, Rabia Khan stated that dairy belonged to her. My client spent 22 days in prison and for the past ten years, he has been waiting for justice. Now, justice has prevailed.”
Asked if the writing on the note was ever matched with that of Jiah Khan, Patil said, “The mother never provided her natural handwriting, saying that it was not available with her.”
The advocate further alleged, “Since day one, there has been a modus operandi to suppress the truth and the CBI has never examined two important witnesses. The first is the doctor, who according to the CBI and police, treated Jiah when she had attempted suicide. He had said that she was depressed and had tried to end her life. The second important witness is Moin Beig who helped Jiah’s mother cool the body on the day of the incident. They were not examined because they would have said the truth and the prosecution’s case would have been damaged.”
Teary eyes in court
On Friday, the court pronounced its verdict at 12:30 pm while Pancholi was present inside the courtroom and was later called to the witness box. Special Judge A S Sayyed told Pancholi, “Due to the paucity of the evidence, this court can’t hold you guilty and hence you have been acquitted.”
Pancholi then smiled at his mother, Zarina Wahab, who was present and in tears. She thanked God when reporters inside the courtroom sought a reaction.
Patil, after walking out of the courtroom, said, “For the past ten years, not a single order of high court, special court and the Supreme Court has gone against Sooraj Pancholi. The case was being investigated by India’s two premier agencies, the CBI and the Mumbai Police, and despite that, there is not a single shred of evidence against Pancholi. Twenty-two witnesses were examined and nothing was found against him. It is easy to make allegations in the media but when the evidence comes on record, no one can travel beyond that and the law is above everyone and the court has today acquitted him.”
Terming mental health issues a concern, Patil, said, “The government has introduced the Mental Healthcare Act in 2017 because youngsters are facing depression and anxiety. One of the crux of the argument before the court was [that in the case of] any person who unfortunately commits suicide, a single incident cannot be a triggering point. You have to understand and investigate the economic, social and cultural background of the person since childhood and in this case, we have brought the journey of the deceased since her childhood before the court and some serious incidences have come on record. Three of four incidents were very serious and we assume that because of this, she had no option but to commit suicide.”
He stated that Jiah Khan had attempted to die by suicide prior to June 3. “We told the court if the deceased has suicidal tendencies, why was Sooraj Pancholi falsely implicated and it was a one-sided mala fide targeted investigation,” he said.
Actress’ mum moves plea
Before the court passed its order, Rabiya Khan moved an application before it, stating that there were various discrepancies in the investigation carried out by both agencies. According to the application, they are non-analysis of the deceased’s devices, non-analysis of the ligature found around the deceased, non-analysis of the ligature mark, non-retrieval of the BBM messages between the deceased and accused and lack of mention of the injury marks on the deceased in the post-mortem report.”
The application reads, “It is submitted that the conclusion of the medical evidence also states that death by suicide cannot be ruled out but it is necessary to examine the ligature, however till date, the same was never done, which itself indicates that a proper, impartial, fair and transparent investigation is not done till date.”
Rabiya Khan also stated that both investigating agencies had not collected legal evidence or proof to say this was a mere case of suicide and the first informant believes it is a murder case and the accused is responsible for killing her daughter.
Jiah, 25, a United States resident, was found dead in her Juhu home. On the basis of the letter, the police arrested Pancholi on June 10 and charged him with abetting her suicide. The Mumbai Police, who initially looked into the issue, seized a letter that the CBI claimed was authored by Jiah Khan. According to the central agency, the message detailed Jiah Khan’s alleged “intimate relationship, physical abuse, and mental and physical torture” at the hands of Pancholi.
Jiah’s mother Rabiya Khan, a significant witness for the prosecution, told the court that she thought it was a case of murder rather than suicide. She had petitioned the Bombay High Court for a further probe into the matter, but it was denied last year.
Pancholi’s statement
Pancholi released a statement after the verdict that read, “The verdict has taken 10 long painful years and sleepless nights. Today, I have not only won this case against me but I have also won my dignity and confidence back. It took a lot of courage to face the world with such heinous allegations. I hope and pray to God that nobody goes through what I have gone through at such a young age. I don’t know who will give me these 10 years of my life back, but I am glad that this has finally come to an end not only for me but especially for my family. There is nothing bigger than peace in this world.”
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HINDUSTAN TIMES (April 29, 2023)
“The truth always wins,” wrote actor Sooraj Pancholi on his Instagram Story after he was acquitted in the Jiah Khan death case. On Friday, a special Central Bureau of Investigation (CBI) court in Mumbai gave its verdict in connection with the death of Khan. Pancholi, 32, accused of abetting the suicide of the actor, who he was in a relationship with, was acquitted in the case.
“Due to paucity of evidence, this court can’t hold you (Sooraj Pancholi) guilty, hence acquitted,” said Judge AS Sayyed. Jiah’s mother Rabiya Khan told CNN News18 that Pancholi was cleared only of abetment of suicide. “This is a case of murder,” she said, adding that she intends to pursue the case further.
Pancholi’s mother actor Zarina Wahab who had accompanied him to the court, told a portal: “Satyamev Jayate. [My faith in the judiciary] has been further strengthened. It has been ten years of torture, trauma and stigma for my son.” After the verdict, Pancholi thanked the media for supporting him and distributed sweets to those present. HTC
TIMELINE of the case
June 3, 2013
The Nishabd (2007) actor dies by suicide. She is 25.
June 7, 2013
A letter purportedly written by Jiah, seized by the police, details her trouble relationship with Pancholi and alleges physical and mental abuse at his hands.
June 10, 2013
Booking Pancholi under Section 306 (abetment to suicide) of IPC, Mumbai Police arrest the actor.
July 1-2, 2013
Pancholi is granted bail and on the next day, the court acquits him, stating the actor is not accountable for Khan’s death.
May 15, 2014
CBI raids the Pancholi residence after Khan’s mother requests the court for a thorough investigation.
August 1, 2016
CBI officials rule out murder and state that the actor died by suicide.
September 2017
Rabiya Khan pens an open letter to Prime Minister Narendra Modi, seeking justice.
April 28, 2023
A special CBI court pronounces its final verdict, acquitting Pancholi.
Rabiya Khan, Jiah Khan’s mother, speaks with media persons outside the court. Pics/Anurag Ahire
Bombay High Court slams Jiah Khan’s mother for trial ‘procrastination’
4:30 PM
Rosy Sequeira (THE TIMES OF INDIA; September 29, 2022)
Mumbai: Bombay High Court has slammed Rabiya Khan, mother of late actress Jiah Khan, for filing repeated proceedings, saying she is procrastinating the trial that is going on.
On June 3, 2013, Rabiya had found Jiah hanging from the ceiling fan in her bedroom. Rabiya insisted Jiah was murdered. Actor Sooraj Pancholi is being tried for abetment to Jiah’s suicide. Rabiya (62) moved HC after the CBI court rejected her plea for further probe by an SIT into her daughter’s death. On September 12 Justices Ajay Gadkari and Milind Jadhav dismissed her appeal.
“The entire approach of the petitioner appears to be to procure an order from this court, without facing trial, that the death of the victim was homicidal and not suicidal. This kind of approach appears to circumvent the due process of law,” the judges said in the reasoned order.
Rabiya wanted BlackBerry phones of Jiah and Sooraj to be sent to the FBI to recover messages that had been deleted.
“We also fail to understand as to how this (High) Court gets jurisdiction for directing the FBI in the United States which is one of the reliefs sought by the petitioner in the present petition,” they added.
They had “repeatedly” asked Khan’s advocate Shekhar Jagtap “but he failed to address us on this aspect.”
The judges pointed out that Rabiya’s repeated insistence “is a clear indication of procrastinating the trial, especially when her substantive rights have not been foreclosed.”
The judges refused to countenance “a legal review report” by the UK-based law firm SCARMANS that alleged discrepancies/lacunae in CBI’s investigation. “We are aghast and shocked to read the said report....this report attempts to deliver a verdict even before the trial is over,’’ they said, that it contains adverse comments on high court orders/judgment.
“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 favour whilst adhering to the due process of law,’’ the judges added. The judges also mentioned that investigation has shown Jiah’s death was “suicide and not homicidal.”
“Prima facie it does appear that a totally impartial, fair and transparent investigation is made by the CBI in a thorough manner,” they noted.
The judges were inclined to saddle Rabiya with exemplary costs but refrained from doing so.
Sooraj Pancholi opposes plea for fresh Jiah Khan probe
8:34 AM
Rosy Sequeira (THE TIMES OF INDIA; August 27, 2022)
Mumbai: Actor Sooraj Pancholi has opposed Rabiya Khan’s petition in the Bombay High Court seeking a fresh probe into her actor-daughter Jiah Khan’s death, saying she is trying to delay the trial which is nearing its end, reports Rosy Sequeira.
The trial began on January 1, 2018, and 16 witnesses have been examined. Rabiya’s cross-examination is on. “The trial is at its fag-end and if the present petition is allowed, there will be complete miscarriage of justice. The sole intention of the petitioner is to delay the trial by filing frivolous and baseless petitions/applications,” his reply said.
Rabiya, 62, who claims Jiah was murdered, moved the HC after the CBI court in September 2021 rejected her plea for an SIT for further investigations. On June 3, 2013, she found Jiah hanging from the ceiling fan. Pancholi is being tried for abetment to Jiah’s suicide.
Stating that there has been “no change in circumstances” since the HC’s February 2017 order dismissing her third petition for further probe, Pancholi urged dismissal of Rabiya’s latest petition relying on a May 2019 review report of a UK law firm. Her advocate is associated with the firm and therefore the report “is not independent”.
Jiah Khan’s mother says CBI officer edited her 2014 statement
8:30 AM
Rebecca Samervel (THE TIMES OF INDIA; August 23, 2022)
Mumbai: Rabiya Khan, a witness in the alleged suicide of her actress daughter Jiah Khan, said on Monday the CBI had edited the statement she had given it in 2014. Actor Sooraj Pancholi is accused of abetting the 2013 suicide.
Cross-examining Rabiya, Pancholi’s lawyer Prashant Patil asked, “You said before the CBI that your statement to Juhu police was shown, that you went through it and it was correct?” Rabiya replied that she had not stated so.
She said she had given the CBI a 26-page statement and it was edited by an officer. “He put his own statement. (This) portion is not correctly stated in it. The beginning is correct. I wrote a statement and sent it to him by email and he put it. I have not said the statement has been read over to me and is correct,” Rabiya said.
Patil also asked her about certain traumatic incidents that reportedly took place when Jiah was a minor. When he suggested that due to the incidents, Jiah had suffered from childhood trauma, she denied it and said highlighting them “is hurting my sentiments”.
Meanwhile, the UK-based Rabiya wanted to move a plea to re-examine the alleged dupatta that was used in the suicide and shown to her last week. She said she was uncertain and felt she didn’t it see it properly. The prosecution opposed any such move.
Patil posed several questions about various litigations and pleas moved by Rabiya, her personal life, including her film career, marriages, Jiah’s childhood and her relationship with her father. Rabiya submitted that a lawyer who had represented her during Sooraj’s bail hearing in 2013 was a fake. “I heard about it later because he sold his soul,” she said.
While the matter will come up for hearing next week, Rabiya’s cross-examination has been deferred to a later date.
I was cautioned not to pursue case as Aditya Pancholi had clout-Rabiya Khan
8:18 AM
Rebecca Samervel (THE TIMES OF INDIA; August 19, 2022)
Mumbai: Narrating events leading to the moment she found her daughter, actor Jiah Khan (25), dead in their Juhu home and moments after, Rabiya Khan told the special CBI court on Thursday that when she screamed out saying that she had repeatedly told her eldest child to stay away from her boyfriend, actor Sooraj Pancholi, her friend, actor Anju Mahendru told her to not take his name. “His father (actor Aditya Pancholi) is connected to underworld and has political clout and is very dangerous. They will do something to you,” Rabiya quoted Mahendroo as warning her.
On the second day of her examination in chief by special public prosecutor Manoj Chaladan, Rabiya said this happened moments after Aditya Pancholi walked into the house, fell at her feet, apologized and said, “Sorry, my son has ruined his life…career…Jiah was a child.”
Rabiya iterated that Jiah had not died by suicide but was murdered. “Both agencies (CBI and city police) never collected any legal evidence to prove it was a case of suicide. I believe it is a murder and the accused is responsible for killing my daughter,” she submitted in her deposition.
Rabiya broke down in court multiple times. She said that a couple of hours before she found Jiah dead, she had overheard a phone conversation where Sooraj was shouting at her.
During the hearing, Rabiya identified clothes Jiah wore when she found her body, and the muslin dupatta used in the alleged suicide. She also alleged that her two daughters had found a letter left by Jiah and “discovered all the grievance and pain that Jiah had expressed which was directly pointing to Sooraj.”
“We saw on the screen of the phone (Jiah’s) there were many text messages and many missed phone calls… We read messages on the screen and it was filled with anger with abusive language. . ” she said.
Pancholi’s lawyer is likely to cross-examine Rabiya on Monday.
On June 3, 2013, Jiah was found hanging in her Juhu flat, after which Sooraj was arrested and charged with abet-ment. He was later given bail.
During deposition before special judge A S Sayyad, Rabiya iterated alleged instances where she suspected Jiah was being abused in the relationship and Sooraj was allegedly “manipulative”. She spoke about frequents fights between Jiah and Sooraj, Aditya Pancholi’s alleged disapproval of the relationship and how Sooraj’s mentor Salman Khan did not have any objection to the relationship. Rabiya also submitted that in May, Sooraj came to her and told her how he wanted space from a “depressed” Jiah as he was starting work soon. She denied that Jiah was depressed.
Four months before suicide, Jiah Khan accused Sooraj Pancholi of abuse, her mom tells court
10:00 AM
Rebecca Samervel (THE TIMES OF INDIA; August 18, 2022)
Mumbai : Deposing for the first time as a prosecution witness, actor Jiah Khan’s mother, London-based Rabiya Khan, told the special CBI court on Wednesday that about four months before her alleged suicide in June 2013, her daughter had accused her boyfriend, actor Sooraj Pancholi, of physically and verbally abusing her.
Pancholi is on trial for abetting the alleged suicide.
Mother of three daughters, one of whom was Nafisa — Jiah’s official name — Rabiya became emotional recounting how on a trip home to London in February 2013, Jiah broke down and told her how Sooraj, who was dating for a few months then, would abuse her, call her dirty names and had thrown her out of the car.
The mother claimed that in pictures sent by Jiah a month earlier during New Year’s, she saw bruises on her thigh. When asked, Jiah allegedly told her that it happened after another fight with Sooraj. “She said he (Sooraj) puts me down in front of others and flirts with others in front of me and I think he cheats on me...,” the mother said.
The hearing for the day ended with the mother telling the court that in April 2013, the young couple had rekindled their relationship and Sooraj had even told her that he wanted to marry Jiah. “When I asked Jiah if she trusted him, she didn’t say a word...,” the mother said.
Rabiya’s deposition will continue on Thursday before special judge AS Sayyad.
During her examination in chief conducted by special public prosecutor Manoj Chaladan, Rabiya recalled how in September 2012, Jiah had told her family how a “guy (Sooraj), a wannabe actor, was stalking her on Facebook” and how he was an ardent fan. “The first time they (Sooraj and Jiah) met, he came with flowers and was very besotted. He couldn’t believe his luck that he had managed to meet her in person. She (Jiah) said he was extremely charming,” Rabiya recalled.
Jiah also told her mother that despite Sooraj being younger, he was very mature. She said that soon they began to live in each other’s homes and Jiah even spent a lot of money on Sooraj’s birthday and bought him a black diamond cross for Rs 2 lakh.
The mother said Christmas was Jiah’s favourite festival and she was to fly to London to celebrate with her family. She said, however, Jiah did not turn up and instead on December 24, 2012, she got a message from Sooraj.
“He was apologizing for taking out his anger out on Jiah. He said he was sorry he lost it at Jiah… He said he was drunk and had a fight with a friend. He said that he wanted another chance and that it will never happen again. He also said that he loved Jiah and loved me more than his mother…,” Rabiya said.
CBI, Jiah Khan’s mom pleas a clear abuse of process of law, says Court
8:13 AM
Rebecca Samervel (THE TIMES OF INDIA; September 17, 2021)
Mumbai: A special court on Thursday rejected a plea by the CBI, seeking to further probe the suicide case of actor Jiah Khan.
In a plea to the court conducting the trial under charges of abetment of suicide against actor Sooraj Pancholi, CBI had said it wanted to send a dupatta used in the suicide for analysis to the forensic laboratory in Chandigarh. On June 3, 2013, Jiah was found hanging at her Juhu flat, after which Pancholi was arrested and charged with abetment. He was later released on bail.
The CBI’s plea also sought permission to send phones of Jiah and Sooraj to forensic unit, FBI, US, to recover the messages. The court also rejected a plea by Khan’s mother, Rabiya, who had pointed out to “defects” in the earlier investigation.
In 2019, the CBI had first moved the plea. Sooraj’s lawyer, Prashant Patil, had then sought its dismissal. The defence reply said that CBI’s plea was in direct contempt of a 2017 Bombay High Court (HC) order. It said Jiah’s mother had moved a plea in HC, making a similar plea, which was rejected in 2017. The reply stated that in an affidavit filed by CBI in response to Rabiya’s plea, the investigating officer had submitted that messages by the accused and Jiah were related to his meeting with a jewellery designer at a hotel and not connected to the incident. It said the plea was contradictory to CBI’s earlier stand.
---------------------------
Rebecca Samervel (THE TIMES OF INDIA; September 19, 2021)
Mumbai: In a detailed order refusing to grant CBI and Jiah Khan’s mother’s pleas for a further probe into her alleged suicide, a special court said relief claimed was nothing but a replica of earlier pleas on issues already decided by Bombay High Court, indicating that applications before it were a clear abuse of the process of law.
“Instead of the clear position... these applications filed, which indicate that the complainant (Jiah’s mother Rabiya) does not want to proceed further with trial, conduct appears deliberate and intentional to delay and procrastinate the trial. The alleged FIR registered in 2013 and since around eight years it awaits effective trial. Applications present before this court are not maintainable, but it is clearly an abuse of process of law,” special judge A S Sayyad said.
In a 2019 plea to the court conducting the trial under charges of abetment of suicide against actor Sooraj Pancholi, CBI said it wanted to send a ‘dupatta’ used in the suicide for analysis to the forensic laboratory in Chandigarh. On June 3, 2013, Jiah was found hanging at her Juhu flat, after which Pancholi was arrested and charged with abetment. He was later released on bail.
CBI’s plea sought permission to send phones of Jiah and Pancholi to the forensic unit, FBI, US, to recover messages. Rabiya, who pointed out “defects” in the earlier probe, sought further investigation into cause of death by formulating a Special Investigation Team (SIT) presided over by CBI’s director or joint director.
In July 2014, following an HC order, investigations were transferred from Mumbai Police to CBI. Rabiya had moved the HC after being unsatisfied by police investigations and claiming that the death was a murder. The HC ordered CBI to conduct further investigations. CBI concluded it was a suicide, and in December 2015, a chargesheet was submitted against Pancholi for abetting Jiah’s suicide.
Pancholi’s lawyer Prashant Patil opposed the pleas and submitted relief sought by CBI and Rabiya was decided “six times” by courts. The defence replied that CBI’s plea was in direct contempt of a 2017 HC order. It said Jiah’s mother had moved a plea in HC, making a similar plea, rejected in 2017. The reply said that in an affidavit filed by CBI in response to Rabiya’s plea, the investigating officer submitted that messages by the accused and Jiah were related to his meeting with a jewellery designer at a hotel, and not connected to the incident. It said the plea was contradictory to CBI’s earlier stand.
I have never met Disha in my life, and I found out about her after Sushant’s death-Sooraj Pancholi
8:52 AM
The actor rubbishes conspiracy theories that allege his involvement in Sushant Singh Rajput and his former manager Disha Salian’s deaths
Renuka Vyavahare (BOMBAY TIMES; July 4, 2020)
A lot of rumours have been doing the rounds, which, in a way, blame you for Sushant Singh Rajput’s and his former manager Disha Salian’s deaths. It’s been speculated that Disha was pregnant with your child, and Sushant, who reportedly had a scuffle with you in 2017, was aware of it and was about to expose you. It’s also been said that Salman Khan has been protecting you...What scuffle with Sushant? I never had any argument with him, which I have clarified before as well. And, why will Salman Khan get involved in my life? Does he not have other things to do? I don’t even know who Disha is, I have never met her in my life. I found out about her after Sushant’s death, and I feel bad for the families involved. Someone has written this rubbish on their personal Facebook page, made it into a movie script and put it out there.
Taking up for you, your father (actor Aditya Pancholi) has said, “Somebody makes up a vague story, puts it online, people lap it up and make him the villain!”
It feels like it’s me against the world. First of all, it’s painful that Sushant is no more. People using his name for whatever reasons is wrong. The situation is such that anyone writes anything and it goes viral in a few minutes. People who don’t know the truth, actually believe what’s been written. I have also been getting supportive messages saying, ‘Be strong and cope with it, these are hard times and jobless people are spreading these rumours’. But, at the end of the day, I am human, too.
Are you saying that there was no hostility between Sushant and you whatsoever?
None at all. He was a senior actor and way more successful. I was not in his league to even compete with him. I was nowhere a threat to him. He treated me like a younger brother. Whenever we met, we either spoke about films or my fitness training. When the article about our ‘tiff’ came out in 2017, it was Sushant who had reached out to me. He told me, ‘Bro, yeh koi faltu article aaya hai saying Salman bhai is angry with me. Can you please give a statement to clarify this?’ He thought it would be better if I stated the facts, as the story claimed that he misbehaved with me. I clarified the reports. We met for dinner at a friend’s place after that in Bandra, clicked that funny picture where we posed like we are fighting and that’s it. We had each other’s numbers. He called me for movie screenings, and I even went for Raabta screening. We must have met around four-five times.
Were you in touch with Sushant in the recent past?No, I wasn’t. He was not a best friend of mine or anything. We had never been to each other’s houses. We were from the same industry, that’s all.
How true are the ‘Salman Khan is defending Sooraj’ stories?
Why would he do this for me? Salman Khan is the producer of my first film (Hero, 2015). He gave us a chance, and after that, it has been my journey. He is not responsible for what we do in the future. You need to find your way. I cannot rely on Salman sir and cannot expect him to be my Godfather. I have never been dependent on him and he wouldn’t want it that way, too.
Why do you think you find yourself being dragged into controversies over and over again? Is it also fuelled by the fact that you were among the privileged to be launched by Salman Khan, and of course, the whole nepotism debate?
If it was all about nepotism, I would have been on my 10th film by now. Nepotism has nothing to do with what’s happening right now. I worked from a very young age as an assistant director. First on Guzaarish (2010) and then on Ek Tha Tiger (2012). That is where I met Salman sir and he had promised me that he would give me a film because he must have seen some potential in me. He asked me whether I wanted to be an actor and I worked really hard for it. It’s not that I came out of nowhere, woke up from my sleep and went to a movie set. The first film that I auditioned for was Kai Po Che (2013), and I was rejected there. I worked on myself after that. I also auditioned for Hero (2015). My mom is 60. She has been in the industry for over 30 years and till date, she auditions for movies. It’s a myth that star kids don’t have to give auditions.
You already have a case looming over your head (Jiah Khan) and now, the Sushant-Disha tragedy has your name being dragged into it.
I am very numb and hurt right now. This is affecting me a lot. I don’t know what to say. It’s been eight years and my case (Jiah) hasn’t even taken off and it’s only because Rabiya Khan (Jiah’s mother) doesn’t show up in court. I had to face the CBI since I was 21-22. I have cooperated with the police. I have done everything possible, haven’t missed a single date in court even when I was down with fever. But if the complainant (Rabiya) isn’t showing up in court, what are they looking for?
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ADITYA PANCHOLI: WHY IS MY SON BEING DRAGGED INTO THIS?
Sooraj’s family is upset about him being dragged into this controversy. His father, actor Aditya Pancholi, told us, “Why is my son being dragged into this? Truth will eventually come out, but if he does something to himself tomorrow, who is to be blamed? He has been going through a tough time for seven-eight years now.
Somebody makes up a vague story, puts it online, people lap it up and make him the villain! People need to be responsible about what they share on the web. Shouldn’t you let the cops do their job? No one is above the law. You cannot kill anyone and get away with it. Sooraj was cordial with Sushant. If Disha was pregnant, wouldn’t that be in the police records?”
Satellite Shankar is my actual launch pad-Sooraj Pancholi
7:57 AM
Acknowledging that his link with Jiah Khan's death made him less desirable among filmmakers, Sooraj Pancholi on getting a new lease of life with Satellite Shankar
Sonil Dedhia (MID-DAY; November 1, 2019)
He may have got his dream debut with Salman Khan-backed Hero in 2015, but his absence from the scene year after year made it apparent that Sooraj Pancholi hadn't emerged to be the star kid that had producers flocking for his dates. While the subject of his association with Jiah Khan's murder case was inevitably brushed under the rug, owing to its sensitivity, Pancholi understands that it is a topic that needs to be addressed.Not mincing words when admitting that his apparent link to the late actor's murder has limited the offers that come his way, Pancholi says, "The last four years have been a bad journey, but I have just surpassed one of the most difficult stages of my life and emerged stronger. I am probably the only accused who is asking for the trial to begin, which in itself, says a lot. Those who filed the case against me do not turn up in court. The media has made me the bad guy. It is disturbing. It is not easy to prove your innocence if you've been accused," says the actor.
Aditya Pancholi's son was charged with abetment to suicide after the death of his former girlfriend, Khan, who was found hanging in her Mumbai apartment in June 2013. Subsequent reports suggested a pregnancy that had to be terminated, and how Khan had been emotionally distraught due to it. Her mother Rabiya had reportedly accused Pancholi of murdering her.
Talking on the sidelines of the promotions of his upcoming film Satellite Shankar, the actor says he only wishes to train his focus on his career. "I heard a lot of scripts after Hero but was not pleased. I was looking for a story. Satellite Shankar is my actual launch pad. It's a story about a soldier who wants to meet his mother, and also keep his promise to his boss that he will report to duty. Every film shows a soldier's heroism and sacrifice, but this is probably the first film that highlights what civilians can do for their soldiers."
I can only hope that the matter comes to its logical and legal end soon-Sooraj Pancholi
7:55 AM
The actor has been charged with abetment to suicide in the Jiah Khan case. The trial will begin on February 14
Rachana Dubey (BOMBAY TIMES; February 1, 2018)
More than four years after actress Jiah Khan allegedly ended her life at her Juhu residence, the prime accused in the case, her ex-boyfriend Sooraj Pancholi, was officially charged on January 30 with abetment to suicide, under Section 306 of the IPC. Jiah was found hanging from the ceiling of her flat on June 3, 2013. Her mother Rabiya Khan had discovered her body. A Sessions Court in Mumbai has framed charges against Sooraj, to which he has pleaded not guilty. The examination of the witnesses will start from February 14.BT got in touch with Sooraj, who said, “I want people to understand that there was a lot of delay from the complainant’s end. The court has charged me under Section 306 and not Section 302 (murder). This is a step ahead in my battle to prove my innocence. I was ready to face any charges for the last four years, but this case had been stagnating. So far, I haven’t had a fair chance to defend myself. Thankfully, now I can.”
When asked about the implications the charges could have on his career, Sooraj replied, “Even before I started out, I was seen as a criminal, though the law says that you are innocent until proven guilty. I was being made out to be this kid, who is badly brought up. It was unfair that while I waited for the court trial to begin, I was being tried by the media. Whatever has transpired in the court has seldom made its way into print. If it took four years for the charges to be levelled against me, it was not because of me, it was because of the complainant. I have been to the court more than anyone else connected with this case.”
He added, “It’s very easy for anyone to level charges, but that doesn’t make me guilty until proven. I can only hope that the matter comes to its logical and legal end soon.”
ADVOCATE SWAPNIL AMBURE (Counsel representing Jiah and Rabiya Khan)
The court has taken positive prima-facie view that Mr Pancholi is responsible for Jiah alias Nafisa’s death. The court has also allowed the forensic independent experts opinion on record, which indicates that it could also be a case of homicide. This being the position, we will be moving the High Court for seeking necessary directions for getting the BBM communication, which was deleted by the accused on the date of the incident and other such relevant material, which are also not before the Hon’ble Court.
ADVOCATE PRASHANT PATIL (Counsel representing Sooraj Pancholi)
The case of abetment to suicide was registered against my client in June 2013. Since then, my client has been filing various applications to the Hon’ble Court to expedite the trial court proceedings so that truth regarding the matter would come out. However, the complainant through her lawyers has been regularly adjourning the matter and they have tried their level best in seeking a stay upon the trial court proceedings. Ultimately, my client was compelled to move the Bombay High Court for expediting his trial within six months. We requested the Hon’ble Special Court to start the trial at the earliest. Fortunately, the Hon’ble court was kind enough to start the trial by framing of the charge under section 306 Of IPC, i.e. abetment to suicide. This is just the beginning stage of the trial court proceedings, the burden is now upon the prosecution i.e. the CBI to prove this case of abetment to suicide beyond a reasonable doubt against my client.
Unfortunately, there have been only fake allegations against my client till date before the media by the complainant. But when it comes to actual evidence in trial court, the complainant tries her level best to delay the proceedings. Even on the day of framing of charge, the complainant was seeking a one-month adjournment which was rejected by the Hon’ble Court.
The matter is between my client and the CBI, the complainant is only a prosecution witness and she has no locus to address the court directly and dictate the terms of trial court proceedings. We are praying and hoping that there are no further delaying tactics of the complainant in the matter and truth prevails in the form of evidence. It would only happen when the complainant faces cross examination on oath before the Hon’ble Court.
Like everyone else, I too deserve a fair trial-Sooraj Pancholi
7:59 AM
Hiren Kotwani (BOMBAY TIMES; September 21, 2016)
In the light of the new
findings by the UK-based forensic investigator, Jason Payne-James, to be
submitted in court today, the Rabiya Khan-CBI case could possibly take a
different turn. The hearing, which was scheduled for yesterday, will
take place today.
Reportedly, the investigator's findings state that Jiah Khan's hanging was staged and the marks on her face and neck indicate that it is not a simple case of suicide. These findings contradict the report of the Indian experts on Jiah's death. The development comes over a month after the CBI told the Bombay High Court that it had ruled out murder in the case.
The UK investigator, reportedly, has studied the medical and post-mortem reports, analysed photographs of Jiah's body and reviewed CCTV grabs and pictures of her room for his investigation. While the CBI claims it was suicide, giving her then boyfriend Sooraj Pancholi a clean chit, Rabiya Khan maintains it was murder and hired Jason to probe the case as she was dissatisfied with the agency's find ings.
With these new developments in the case, Sooraj exclusively spoke to BT. He said, “My case has been a media trial since day one. Things have been in the papers before reaching the court, and sometimes in the papers without the court being aware. But enough is enough, if someone wants justice, they will get it in due time. I hope they get justice, even I want to know what the truth is. People should understand that even I have lost a dear one.“
Maintaining that his sympathies are with Jiah's family, he says, “I understand what they are going through, but this is not the way to conduct a court case, by leading the court and the people of the country to think differently.“
While conceding that it's okay for different people to have different opinions about him, Sooraj feels this has been going on for a long time. He says, “Whenever something good is happening in my life, personally or professionally, someone tries to put me down. It gets difficult. You cannot accuse someone of a crime, without knowing the facts. You have to know the truth before saying whatever you feel like saying.“
About the progression of the case, he says neither he nor his family have intervened from the start. “We haven't gone against what they are saying, but we have been patiently waiting for over three years for the trial to begin. Like everyone else, I too deserve a fair trial. I don't know why, in my case, things are told to the media before the court. Why not wait for the court to decide the final verdict? They are trying to brainwash people and portray me as a criminal, which is not true.“
He doesn't shy away from saying that things like this (the UK-based forensic expert's findings) have been prolonging the case. “No accused asks for his trial to begin, but I'm asking to open the trial soon. Whatever the accusation, I deserve a fair trial, so that I can move on in life. These things are planned to target my progress and stop my daily life.“
Reiterating that he and his family have been through a lot, Sooraj sums it up saying, “I want this pain to end for both sides. I don't have any hard feelings for anyone. I just want a fair trial and live my life after that. This has stretched for too long.“
ADVOCATE MANOHAR SHETTY
I don't think it will bring another dimension to the case. There is no provision in law for a foreign investigator's report to be admitted. I don't think it will be accepted by the court.
ADVOCATE RIZWAN SIDDIQUEE
According to me, in all reasonability, the Hon'ble Judge will look at what the new foreign team saw and discovered, which the trial court overlooked. If something that has been overlooked due to human error, and the same is causing grave injustice, then the Hon'ble Judge may, at its discretion, consider the report to that extent. After all, justice has to prevail and a fair trial and investigation has to be done, without any biases, whatsoever.
ADVOCATE PRADEEP GHARAT
We have our own agencies to carry out investigations. We follow the criminal procedure code and by that, investigation can only be done by the local cops, the CBI, a special investigation team or another body as appointed by the court, and not one of the parties involved in the case. A foreign investigator's findings, as far as I understand, are not binding. Rabia Khan can do it for her satisfaction.
ADVOCATE DEEPESH MEHTA
Such reports and witnesses brought in during the trial can prejudice the merits of the case, but in criminal procedure code and the criminal jurisprudence practised in our country, the trial judge has wide powers to look into anything for a fair trial and do justice in the matter.
Reportedly, the investigator's findings state that Jiah Khan's hanging was staged and the marks on her face and neck indicate that it is not a simple case of suicide. These findings contradict the report of the Indian experts on Jiah's death. The development comes over a month after the CBI told the Bombay High Court that it had ruled out murder in the case.
The UK investigator, reportedly, has studied the medical and post-mortem reports, analysed photographs of Jiah's body and reviewed CCTV grabs and pictures of her room for his investigation. While the CBI claims it was suicide, giving her then boyfriend Sooraj Pancholi a clean chit, Rabiya Khan maintains it was murder and hired Jason to probe the case as she was dissatisfied with the agency's find ings.
With these new developments in the case, Sooraj exclusively spoke to BT. He said, “My case has been a media trial since day one. Things have been in the papers before reaching the court, and sometimes in the papers without the court being aware. But enough is enough, if someone wants justice, they will get it in due time. I hope they get justice, even I want to know what the truth is. People should understand that even I have lost a dear one.“
Maintaining that his sympathies are with Jiah's family, he says, “I understand what they are going through, but this is not the way to conduct a court case, by leading the court and the people of the country to think differently.“
While conceding that it's okay for different people to have different opinions about him, Sooraj feels this has been going on for a long time. He says, “Whenever something good is happening in my life, personally or professionally, someone tries to put me down. It gets difficult. You cannot accuse someone of a crime, without knowing the facts. You have to know the truth before saying whatever you feel like saying.“
About the progression of the case, he says neither he nor his family have intervened from the start. “We haven't gone against what they are saying, but we have been patiently waiting for over three years for the trial to begin. Like everyone else, I too deserve a fair trial. I don't know why, in my case, things are told to the media before the court. Why not wait for the court to decide the final verdict? They are trying to brainwash people and portray me as a criminal, which is not true.“
He doesn't shy away from saying that things like this (the UK-based forensic expert's findings) have been prolonging the case. “No accused asks for his trial to begin, but I'm asking to open the trial soon. Whatever the accusation, I deserve a fair trial, so that I can move on in life. These things are planned to target my progress and stop my daily life.“
Reiterating that he and his family have been through a lot, Sooraj sums it up saying, “I want this pain to end for both sides. I don't have any hard feelings for anyone. I just want a fair trial and live my life after that. This has stretched for too long.“
ADVOCATE MANOHAR SHETTY
I don't think it will bring another dimension to the case. There is no provision in law for a foreign investigator's report to be admitted. I don't think it will be accepted by the court.
ADVOCATE RIZWAN SIDDIQUEE
According to me, in all reasonability, the Hon'ble Judge will look at what the new foreign team saw and discovered, which the trial court overlooked. If something that has been overlooked due to human error, and the same is causing grave injustice, then the Hon'ble Judge may, at its discretion, consider the report to that extent. After all, justice has to prevail and a fair trial and investigation has to be done, without any biases, whatsoever.
ADVOCATE PRADEEP GHARAT
We have our own agencies to carry out investigations. We follow the criminal procedure code and by that, investigation can only be done by the local cops, the CBI, a special investigation team or another body as appointed by the court, and not one of the parties involved in the case. A foreign investigator's findings, as far as I understand, are not binding. Rabia Khan can do it for her satisfaction.
ADVOCATE DEEPESH MEHTA
Such reports and witnesses brought in during the trial can prejudice the merits of the case, but in criminal procedure code and the criminal jurisprudence practised in our country, the trial judge has wide powers to look into anything for a fair trial and do justice in the matter.
Sensational Twist: Jiah Khan's hanging staged, says UK Expert
8:07 AM
Actor's mother Rabiya, who hired the forensic specialist, wants to share report with city court, but there are doubts over its admissibility
Munish Pandey (MUMBAI MIRROR; September 20, 2016)
Actor Jiah Khan's hanging was staged and the marks on her face and neck indicate it's not a simple case of suicide, a British forensic expert has concluded in a report, adding a fresh twist to the three-year-old case.
Jason Payne-James's findings, which were studied by Mirror, contradict Indian experts' report on Jiah's death, and her mother, Rabia, intends to share them with a city sessions court on Wednesday. It remains to be seen if the court will admit a report by a foreign expert who was hired by Rabiya, and not the state.
The development comes over a month after the CBI told the Bombay High Court that it had ruled out murder in the case.
Jiah, who had been dating actor Aditya Pancholi's son, Sooraj, was found hanged in her Juhu apartment on June 3, 2013. Rabiya has repeatedly said 25-year-old Jiah could not have committed suicide, and filed a petition for a thorough probe in the High Court, which asked the CBI to take up the case.
In December last year, the agency charged Sooraj with abetment to suicide. Unhappy with the probe, Rabiya roped in Payne-James of UK-based Forensic Healthcare Services Ltd.
Payne-James studied the medical and post-mortem reports, analysed photographs of Jiah's body and reviewed CCTV grabs and pictures of her room for his investigation.
The state's forensic experts had said the injury marks on Jiah's lower lip were probably the result of "friction with the teeth during the commission of the act [suicide]". But Payne-James has said the injuries "represent either abrasions or bruises", and are indicative of "blunt force trauma to the mouth region (for example punching or a hand placed over the mouth)".
"In terms of their site and appearance, they are not typical of teeth marks," the report states.
State forensic experts had said the ligature marks on Jiah's neck "may be caused due to slippage of ligature material [dupatta] slightly downwards or the ligature knot present at that site".
But Payne-James concluded that the dupatta could not have created such impressions. "It would seem unlikely that the diffuse pressure of the dupatta around the neck would cause the well-defined abraded ligature mark seen," he has said.
The British forensic experts has also ruled out the possibility of the dupatta creating marks on Jiah's lower jaw, contradicting state experts' opinion that said the injury may have been caused by multiple knots on the dupatta.
"I would have expected any forensic specialist to have insisted on seeing the dupatta. I do not see that there is any realistic possibility of the dupatta creating the patterned injury under the chin. Other causes or objects should have been considered such as a blunt impact from a patterned object, or a ligature made of different material," Payne-James's report states.
He has questioned Indian investigators' failure to explore theories other than suicide. "I do not believe that the possibility of a staged hanging after death that has been caused previously has been properly considered (e.g. ligature strangulation with some other material and then Nafisa Khan being 'hung' with the dupatta)," he has said. Jiah's real name was Nafisa Rizvi Khan.
He adds: "The marks on the left arm and the lower lip are consistent with assaultive injuries... the marks of ligature and the mark on the chin are not consistent with simple hanging with the dupatta."
Payne-James believes Indian forensic experts didn't study medical evidence in the case thoroughly. "There are a number of serious misinterpretations (or exclusions of reasonable inferences) of the medical evidence, and that the apparent intention to attribute her death to suicide may mean that the real possibility of a staged hanging subsequent to earlier death at the hands of another has been missed," the report states.
Rabiya's counsel, Dinesh Tiwari, said the findings showed that Indian investigators had not done a thorough job. "We will approach the court to take these findings into consideration," he said.
But Aditya Pancholi raised doubts over the admissibility of the report. "This report is from a private forensic lab and it's paid. We will see if a court admits it or not. The investigations have been done by different agencies and all of them have come to the same conclusion [that it was a suicide]," he said.
But legal experts Mirror spoke to said no judge would reject new insights into a case outright. "Any expert opinion is admissible before the court and the findings are taken into serious consideration. Now, what evidence was made available to the forensic lab that prepared the report holds key value," said senior criminal lawyer Rizwan Merchant.
ONE CASE, TWO THEORIES
INJURY MARKS ON JIAH'S LOWER LIP
What Indian experts said: Teeth marks caused on lower lip during "commission of the act [suicide]"
What Brit specialist says: Not typical teeth marks. Indicative of "blunt force trauma to the mouth region (for example punching or a hand placed over the mouth)".
MARKS ON THE NECK
What Indian experts said: Caused by "slippage of ligature material [dupatta] slightly downwards"
What Brit specialist says: Dupatta could not have created well-defined abraded ligature marks
HIS CONCLUSION: Apparent intention to attribute death to suicide may mean real possibility of a staged hanging subsequent to earlier death at the hands of another has been missed
----------------------------
UK-based forensic investigator will submit his investigation report to the Bombay High Court today
Rachana Dubey (BOMBAY TIMES; September 20, 2016)
Today could be a crucial day in the case between Jiah Khan's mother Rabiya and CBI. A hearing in the High Court is due, where UK-based forensic expert
Jason Payne James' detailed investigation report in the apparent suicide
case is likely to be submitted. The expert has been hired by Rabia to
probe into her daughter's death, and help unearth crucial information
relating to the case, since she was dissatisfied with CBI's
findings. Three years ago, on June 3, 2013, Jiah was found hanging from
the ceiling of her Juhu home.
While the CBI claims it was suicide, her mother Rabiya continues to
suspect foul play in the case.
The special prosecutor in the case, advocate Dinesh Tiwari, when asked about the new development, states, “I'm yet to see the report. So, I can't comment.“ Rabiya's counsel, advocate Swapnil Ambure, states, “Yes, the detailed findings will be presented to the Hon'ble High Court today. The report of forensic expert Jason Payne concludes that considering the injuries and other circumstances, it is apparent that attempt has been made to attribute her death to suicide.“
After an earlier hearing in August, Rabiya had told Bombay Times that she found the CBI's version appalling and was even willing to approach the Apex Court to seek justice for her daughter. She had alleged that someone had entered the flat from an open window and committed the crime, but CBI had dispelled the theory. Rabiya had pointed out that while the CBI claims the wall of the building is 18 ft, it is only 8 feet and 12 inches. Even earlier, Jiah's mother had requested the High Court for a Special Investigating Team, stating that she was not satisfied with CBI's investigation of the matter.
Rabiya told the media on Sunday that she had been trying for a substantial period to obtain forensic details of the case from the CBI but hasn't seen any success, which led her to rope in the forensic investigator.
On the other hand, advocate Prashant Patil, Sooraj's counsel, when asked for a statement on the development, said, “We have no idea whether the complainant has sought any opinion from any private forensic expert or not, as we are not involved in the matter pending before the Hon'ble High Court. The matter is between the CBI and the complainant. It is for the CBI to answer. But academically, opinion only under Sec 293 of The Code of Criminal Procedure (CrPC) is admissible in law, wherein an independent expert, defined under the section can provide opinion in matters related to criminal investigation. The opinion of private experts has no admissibility value and such opinions are sought after payment of their professional charges by either parties. The complainant cannot direct the course of investigation. It is the prerogative of the state. All this has only unduly delayed the trial pending before the trial court and affected the fundamental right of my client to face a free, fair and expeditious trial.“
Now, it is to be seen what the High Court's opinion is on the new investigator and the findings, and whether they really add another dimension to the on-going case.
The special prosecutor in the case, advocate Dinesh Tiwari, when asked about the new development, states, “I'm yet to see the report. So, I can't comment.“ Rabiya's counsel, advocate Swapnil Ambure, states, “Yes, the detailed findings will be presented to the Hon'ble High Court today. The report of forensic expert Jason Payne concludes that considering the injuries and other circumstances, it is apparent that attempt has been made to attribute her death to suicide.“
After an earlier hearing in August, Rabiya had told Bombay Times that she found the CBI's version appalling and was even willing to approach the Apex Court to seek justice for her daughter. She had alleged that someone had entered the flat from an open window and committed the crime, but CBI had dispelled the theory. Rabiya had pointed out that while the CBI claims the wall of the building is 18 ft, it is only 8 feet and 12 inches. Even earlier, Jiah's mother had requested the High Court for a Special Investigating Team, stating that she was not satisfied with CBI's investigation of the matter.
Rabiya told the media on Sunday that she had been trying for a substantial period to obtain forensic details of the case from the CBI but hasn't seen any success, which led her to rope in the forensic investigator.
On the other hand, advocate Prashant Patil, Sooraj's counsel, when asked for a statement on the development, said, “We have no idea whether the complainant has sought any opinion from any private forensic expert or not, as we are not involved in the matter pending before the Hon'ble High Court. The matter is between the CBI and the complainant. It is for the CBI to answer. But academically, opinion only under Sec 293 of The Code of Criminal Procedure (CrPC) is admissible in law, wherein an independent expert, defined under the section can provide opinion in matters related to criminal investigation. The opinion of private experts has no admissibility value and such opinions are sought after payment of their professional charges by either parties. The complainant cannot direct the course of investigation. It is the prerogative of the state. All this has only unduly delayed the trial pending before the trial court and affected the fundamental right of my client to face a free, fair and expeditious trial.“
Now, it is to be seen what the High Court's opinion is on the new investigator and the findings, and whether they really add another dimension to the on-going case.
Bombay High Court stays trial in Jiah Khan death case
11:17 AM
Mohar Basu (BOMBAY TIMES; July 13, 2016)
On Monday, the Bombay High
Court stayed the Sessions Court's trial in the Jiah Khan death case. The
complainant, Rabya Khan (the actress' mother), had apparently filed a
plea to transfer the case to a fresh bench. Another new development on
the case was that the prosecution has appointed a new lawyer,
Dhairyasheel Patil, who demanded three weeks to study the matter in
detail. The division bench comprising Justice NH Patil and Justice PD
Naik adjourned Rabya's petition but maintained that it is the last
adjournment in the matter as the Supreme Court has directed the case to
be expedited. The bench also added, “The interim relief granted in the
petition by way of stay on the trial in the lower court is extended for a
period of three weeks.“
The actress committed suicide on June 10 in her Juhu apartment,
following which her mother alleged that her then boyfriend, Bollywood
actor Sooraj Pancholi, was responsible for abetment. When we contacted
Sooraj's lawyer Prashant Patil, he said, “The frequent adjournments are a
way of killing time for my client. We cannot take a stand on the HC
order because it doesn't involve us. It is unfortunate because my client
has a right to a free and fair trial. And every time there is a delay,
he suffers the most. The final charges are yet to be framed in this
case. Whatever section they want to try him under, be it 302 (murder) or
306 (abetment of suicide) of the Indian Penal Code, it needs to be done.
Sooraj is present for each and every hearing but we continue to bear
the brunt of the other party's procrastination.“The Central Bureau of Investigation (CBI) has opposed the adjournment as well. Rabya had sought a probe by the Special Investigation Team (SIT) alleging that the CBI had not been thorough with their investigation and their findings aren't in sync with that of the Mumbai Police which claimed Jiah's death was a suicide and not homicide. The HC has admitted the plea for SIT.
When we reached out to Rabiya (who is currently in London), she told us, “There is no relief either way. What I want is a fair hearing.“
Sooraj Pancholi’s family moves contempt of court petition against Rabiya Khan
7:41 AM
Gaurav Dubey (MID-DAY; June 8, 2016)
Now, Sooraj’s family has moved a contempt of court petition in Bombay High Court on Monday against Jiah’s mother Rabiya Khan for defaming the family (The documents are in mid- day’s possession).
According to a source, “In 2014, the Bombay High court had passed an order saying that no defamatory statements will be made against the Pancholi family in print, social or electronic media. Rabiya, through her counsel, had agreed to abide by it. However she recently gave an interview to a website which was very defamatory. Therefore, Sooraj’s family moved a contempt of court petition against her on Monday.”
When we contacted Prashant Patil, he confirmed the news and says, “My clients Zarina Wahab, Aditya Pancholi and Sana Pancholi had moved a defamation suit for Rs 100 crore against Rabia Khan in June 2014. On July 16, 2014 the High Court granted a favourable order wherein, Rabiya Khan made a statement that she shall not use defamatory language against my clients on any social, print or electronic media. This statement was confirmed on June 10, 2015 and the notice of motion was disposed off. However, even after making such statements before the Bombay High Court and a specific order by the High Court, it is unfortunate that Rabiya Khan has indulged in passing defamatory and lewd remarks against my clients through her Twitter account and interviews, thus compelling my clients to move the High Court for judicial intervention and contempt proceedings.”
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