Sooraj Pancholi: I too deserve a fair trial

In the light of the new findings by the UK-based forensic investigator, Jason Payne-James, to be submitted in court today, the Rabia Khan-CBI case could possibly take a different turn. The hearing, which was scheduled for yesterday, will take place today.
Reportedly, the investigator's findings state that Jiah Khan's hanging was staged and the marks on her face and neck indicate that it is not a simple case of suicide.These findings contradict the report of the Indian experts on Jiah's death. The development comes over a month after the CBI told the Bombay High Court that it had ruled out murder in the case.
The UK investigator, reportedly, has studied the medical and post-mortem reports, analysed photographs of Jiah's body and reviewed CCTV grabs and pictures of her room for his investigation. While the CBI claims it was suicide, giving her then boyfriend Sooraj Pancholi a clean chit, Rabia Khan maintains it was murder and hired Jason to probe the case as she was dissatisfied with the agency's findings.
With these new developments in the case, Sooraj exclusively spoke to BT. He said, 'My case has been a media trial since day one. Things have been in the papers before reaching the court, and sometimes in the papers without the court being aware. But enough is enough, if someone wants justice, they will get it in due time. I hope they get justice, even I want to know what the truth is. People should understand that even I have lost a dear one.'
Maintaining that his sympathies are with Jiah's family, he says, 'I understand what they are going through, but this is not the way to conduct a court case, by leading the court and the people of the country to think differently.'

While conceding that it's okay for different people to have different opinions about him, Sooraj feels this has been going on for a long time. He says, 'Whenever something good is happening in my life, personally or professionally, someone tries to put me down. It gets difficult. You cannot accuse someone of a crime, without knowing the facts. You have to know the truth before saying whatever you feel like saying.'
About the progression of the case, he says neither he nor his family have intervened from the start. 'We haven't gone against what they are saying, but we have been patiently waiting for over three years for the trial to begin. Like everyone else, I too deserve a fair trial. I don't know why, in my case, things are told to the media before the court. Why not wait for the court to decide the final verdict? They are trying to brainwash people and portray me as a criminal, which is not true.'
He doesn't shy away from saying that things like this (the UK-based forensic expert's findings) have been prolonging the case. 'No accused asks for his trial to begin, but I'm asking to open the trial soon. Whatever the accusation, I deserve a fair trial, so that I can move on in life. These things are planned to target my progress and stop my daily life.'
Reiterating that he and his family have been through a lot, Sooraj sums it up saying, 'I want this pain to end for both sides. I don't have any hard feelings for anyone. I just want a fair trial and live my life after that. This has stretched for too long.'
Bombay Times spoke to lawyers in the city to understand if the UK-based forensic investigator's report could turn the case around...
Advocate Manohar Shetty
"I don't think it will bring another dimension to the case. There is no provision in law for a foreign investigator's report to be admitted. I don't think it will be accepted by the court."
Advocate Rizwan Siddiquee
"According to me, in all reasonability, the Hon'ble Judge will look at what the new foreign team saw and discovered, which the trial court overlooked. If something that has been overlooked due to human error, and the same is causing grave injustice, then the Hon'ble Judge may, at its discretion, consider the report to that extent. After all, justice has to prevail and a fair trial and investigation has to be done, without any biases, whatsoever."
Advocate Pradeep Gharat
"We have our own agencies to carry out investigations. We follow the criminal procedure code and by that, investigation can only be done by the local cops, the CBI, a special investigation team or another body as appointed by the court, and not one of the parties involved in the case. A foreign investigator's findings, as far as I understand, are not binding. Rabia Khan can do it for her satisfaction."
Advocate Deepesh Mehta
"Such reports and witnesses brought in during the trial can prejudice the merits of the case, but in criminal procedure code and the criminal jurisprudence practised in our country, the trial judge has wide powers to look into anything for a fair trial and do justice in the matter."
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