The Bombay High Court instructed the Mumbai police on Wednesday to provide a status report on the ongoing investigations into the death of Anuj Thapan, who was an accused in the case involving gunfire near actor Salman Khan’s residence. Thapan passed away while in police custody [Anuj Thapan v. State of Maharashtra & Ors.].
However, the Court emphasized that it cannot simply order the transfer of the investigation to the Central Bureau of Investigation (CBI) without valid grounds.
“We cannot blindly transfer the investigation to a third party (agency). Let the State confirm whether an FIR has been filed. Once we have clarity on the ongoing investigation, we can reconsider,” stated the bench.
The bench heard a petition from Thapan’s mother, Rita Devi, who alleged that her son was murdered by the Mumbai Crime Branch and subjected to severe assault and torture.
The petition, represented by advocates Sriram Parakkat and Rajwant Kaur, requested a CBI probe into Thapan’s death and also sought a fresh post-mortem examination of his body.
Public prosecutor Prajakta Shinde informed the Court that an Accidental Death Report (ADR) was registered and the State Crime Investigation Department (CID) is conducting an inquiry into the matter. Additionally, a magisterial inquiry has been initiated due to Thapan’s demise in police custody.
A bench comprising Justices Sandeep Marne and Neela Gokhale instructed Shinde to furnish a status report detailing the progress of the CID investigation and the magisterial inquiry.
Furthermore, the Court directed the relevant police station to preserve CCTV footage and call data records (CDR) of police officers involved.
The Court scheduled the next hearing for May 22, taking these actions into account.
Thapan was arrested on April 26 along with three others by the Mumbai Crime Branch for allegedly supplying weapons to the suspects involved in the firing incident near Khan’s house.
He was in police custody until April 30, during which the police invoked provisions of the Maharashtra Control of Organised Crimes Act (MCOCA) in the case.
On April 29, Thapan and the other accused were presented before the trial court under the MCOCA provisions. The custody of three accused, including Thapan, was extended until May 8, while the rest were remanded to judicial custody due to medical reasons.
Thapan reportedly died by suicide on May 1, prompting his mother to approach the High Court with the current petition.
