Mumbai: The Bombay High Court (HC) on Friday observed that the demise of 18-year-old Anuj Thapan, an accused in the firing outside actor Salman Khan’s residence, does not appear to be a custodial death.
The teen allegedly died by suicide in police custody on May 1, 2023. A bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that there seemed to be no reason for the police to harm him as he could have been helpful in their investigation.
Thapan was found hanging in the toilet of the crime branch lock-up at the Crawford Market. A mandatory magisterial inquiry was conducted and a report was submitted in a sealed cover before the bench on Friday. After going through the report, the bench remarked that “there was nothing amiss in the death”.
The court acknowledged the anguish of Thapan’s mother, Rita Devi, who filed a petition alleging foul play and sought a probe by the Central Bureau of Investigation, claiming her son was tortured in custody. However, the bench remarked that while the mother’s disbelief was understandable, it was difficult to determine what compels someone to die by suicide. Justice Dere stated, “Nobody knows any person that well. What transpires in the individual’s mind at that time, nobody can tell. That’s why suicides happen.”
The HC referred to the CCTV footage showing Thapan restless, pacing in his cell and later entering the toilet. Justice Chavan highlighted, “The CCTV footage does not indicate that anyone went to the toilet after him. That rules out the possibility of someone following him. Normally, he would have struggled (if he was killed). There is nothing.”
Responding to the mother’s argument that her son was strong and incapable of taking his life, the HC stated that such assumptions could not be definitive. “We can’t fathom any reason for the police to kill an 18-year-old. On the contrary, he could have been the best person to help them. They could have made him an approver,” the bench remarked.
The judges instructed the state to provide the magisterial inquiry report to Rita Devi’s counsel for review and advised him to approach the matter objectively. “Counsel, don’t go by the emotion. You have to be satisfied to tell the mother that this is not a case of custodial death,” the HC said.
The judges said, “If required, we will see the CCTV footage (again) and satisfy our conscience before any order is passed.” The HC has kept the matter for further hearing on January 24.
