With Judge on leave, Jiah Khan case to be heard next week

The hearing in the Jiah Khan case, scheduled yesterday, didn’t take place as the Judge, KD Shirbhate was on leave. Sooraj Pancholi, his lawyer Prashant Patil, and Rabiya Khan’s lawyer Swapnil Ambure were present and marked their attendance, along with the Special Public Prosecutor and a CBI (Central Bureau of Investigation) officer. Sooraj has been charged under section 306 (abetment of suicide) in the Jiah Khan case. The late actress’ mother Rabiya reportedly, was absent. During the first hearing (February 14), the prosecution was told to submit the list of witnesses, so summons could be issued to them. 

Prashant Patil said, “The list of witnesses was ready, but since the Honourable judge was on leave, the same will be filed during the next hearing, on February 28.”

A source close to the Pancholis feels that Rabiya should be present for the hearing. He said, “They have made so many allegations. Now, when they should be proving their claims, they are not attending the hearings. The Pancholis are planning to submit an application to the judge, stating that Rabiya should step into the witness box and prove what she has been claiming.” The source added, “The matter has been delayed since 2013. A lot of important documents aren’t there on record. A request will be made to provide the Pancholis with a copy. Moreover, the court will also be requested to expedite the trial and summon Rabiya to court if she doesn’t turn up for the next hearing on February 28.” 

When contacted, Rabiya said, “My lawyer represented me. If the judge summons me, I shall honour that. The charges have been framed in a rush, without consideration of the CBI report and our application. When the judge reads all the material, I’m sure she will see that there are many other charges that need to be applied. The SC had endorsed the High Court order, that the City Civil and Sessions Court will look into it. I had asked for all the call logs and BBM (BlackBerry Messenger) messages to be submitted. I had submitted the forensic reports saying this is a case of homicide. I had clicked Jiah’s pictures to show the injury marks. Until they look into the call logs and BBMs, how will they know about abetment? If he was there, the messages and GPS will show that.” 

She further added that she would go back to the High Court on Thursday (today). “I have lost my child, I’m the mother who is pleading. There’s no other temple that I can go to for justice,” she says.