The Bombay High Court deferred till July 11 the hearing of a petition filed by Rabia Khan seeking a Special Investigation Team (SIT) probe into the death of her actor-daughter Jiah Khan.
A bench of justices Naresh Patil and Prakash Naik also asked Rabia to file on the next hearing her rejoinder to CBIs affidavit in the case.
Rabia’s lawyer Subhash Jha sought adjournment of the hearing on the ground that petitioner had gone abroad and said he wanted to argue in her presence.
Jiah’s boyfriend and actor Sooraj Pancholi is facing the charge of abetting her suicide.
The special court had last month adjourned the trial after Rabia moved the high court seeking stay on the trial, pending hearing of her petition demanding the SIT probe.
In her petition in the high court, Rabia sought SIT probe alleging that CBI, which is currently investigating the case, had concurred with the findings of Mumbai police that it was a suicide case and not homicidal death.
She had earlier moved the Supreme Court seeking a SIT probe, but the apex court asked her to move the high court.
“The trial in the lower court is not proceeding in a proper manner and there is likelihood of accused (Sooraj) being discharged in the case,” Rabia’s petition said.
According to her, the CBI, “due to reasons best known to it”, has been vehemently opposing appointment of special public prosecutor in the case by the Maharashtra government.
Rabia’s lawyer Subhash Jha had argued that investigation should be handed over to the SIT as CBI has also in its charge sheet said the death was not homicidal, despite forensic evidence suggesting otherwise.
The actress’s mother had petitioned the high court against CBI categorising Jiah’s death on June 3, 2013, as suicidal and not homicidal. She prayed for setting up a SIT to probe the case afresh.
Sooraj was arrested on June 10, 2013, for abetting Jiah’s suicide, but released on July 2 that year, after the high court granted him bail.
On June 3, 2013, the body of 25-year-old Jiah was found hanging from the ceiling of her house by her mother. According to the charge sheet, Jiah had returned from Sooraj’s house that morning, where she had been staying the previous two days.