The Bombay high court has asked Rakesh Maria, CP, to decide on Rabiya Khan's representation on whether her daughter, Jiah Khan's death should be probed as a murder case by another officer of a higher rank.
The police has chargesheeted actor Sooraj Pancholi for abatement to suicide.
A division bench of justice NH Patil and Anuja Prabhudessai on Monday has asked Rabiya to make a representation to Maria within three weeks and put forth her allegations and the reports of experts acquired by her, which suggest that Jiah's death could have been homicidal.
The HC was hearing a petition field by Rabiya seeking a probe by the CBI into Jiah's death alleging that the police were not looking into the aspects brought forward by her.
Rabiya has also sought a copy of the histopathology report, videography held during post-mortem, copies of SMS exchanged between Sooraj and Jiah, and also call details recorded between Sooraj and his father Aditya Pancholi.
Additional public prosecutor Poornima Kantharia, suggested that Rabiya could make a representation to Maria, who could look into her grievances. Kantharia said that the police was waiting for the histopathology report.
Agreeing with the suggestion, the HC asked Rabiya to approach CP within three weeks.
It's up to CP to decide whether to provide her with a copy of the videogarahy and other reports, when he receives them.
The HC has also asked Maria to hear Rabiya and then decide whether the case needs to be probed from the murder angle by any other officer of a higher rank.
Rabiya's counsels – Mahesh Jethmalani and Dinesh Tiwari – pointed out various discrepancies in the post-mortem report and the report of resident of medico legal expert from Delhi, which said that Jiah's death was homicidal and not suicide.
She even argued that Rabiya was getting different reports from various doctors.
Jethmalani said that they had earlier put forward all these facts before the police which had done nothing than recording additional statements.
The chargesheet was filed early this year, in which Pancholi has been accused of abetting Jiah's suicide.