Jiah Khan case: Sessions court rejects CBI's plea of transferring trial

Agency had moved aplea in July in the city civil and sessions court requesting transfer of the trial to special CBI court

In a major setback to the CBI's role in the probe of the Jiah Khan death case, the sessions court on Thursday refused to transfer the matter to a special CBI court. On July 25, 2018, the CBI had moved a plea before Pushpa Ganediwala, principal judge, city civil and sessions court, requesting transfer of the trial to a special CBI court, and had even submitted a notification issued by the Law and Judiciary Department to support it.

The CBI in their plea (copy with this paper) stated that the Juhu police conducted the initial investigation in the case and filed a charge sheet before the 10th additional chief metropolitan magistrate court, Andheri, on June 10, 2014. Thereafter, the sessions court started hearing the case.
The investigating agency stated, "Following a Bombay High Court order dated July 3, 2014 in a criminal writ petition filed by Jiah's mother Rabiya Khan, the state government handed over further investigation of the case to CBI. She was not satisfied with the probe carried out by the Juhu police." The agency had filed a supplementary charge-sheet against the accused under section 306 of IPC on December 9, 2015.

Rabiya Khan. File pics

The plea further states, "As CBI is investigating the case, the charge sheet should have been filed in a special CBI court. Due to a lack of inherent jurisdiction, the sessions court conducting the trial might benefit the accused. Even the investigating agency might suffer." Speaking to mid-day, Advocate Swapnil Ambure, who challenged CBI's plea in the court, said, "We pointed out that initially the agency was reluctant to take up the probe.

They were asked to find out whether the death was a homicide or suicide. The CBI had filed a report in December 2015, and there is no reason for them to seek a transfer of the case so late in July 2018." He further said, "The CBI's resolution does not make out a case based on which the trial can be transferred. Also, it was important for Jiah's mother to present evidence in court. The CBI kept claiming that the case was exclusively probed by them, and hence, it should be transferred to a special court, but that is not the case."

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