Disha Salian Death Case: Advocate Nilesh Ojha Seeks Recall Of Bombay HC’s Suo Motu Contempt Order Over Alleged Defamatory Remarks

Mumbai: Advocate Nilesh Ojhas – who represents late manager Disha Salian’s father, Satish Salian – has filed an application before the Bombay High Court seeking recall of its April 8 order initiating suo motu contempt proceedings against him for alleged “scandalous and defamatory” remarks made against a sitting judge during a press conference related to the Disha Salian death case.

The special five-judge bench comprising Chief Justice Alok Aradhe and Justices AS Chandurkar, MS Sonak, Ravindra Ghuge, and Ajey Gadkari granted Ojha had initiated suo motu contempt against Ojha on April 8.

In his application, Ojha contends that the April 8 order and the subsequent show cause notice dated April 9 are procedurally flawed and legally unsustainable.

He argues that the order violates mandatory provisions under Section 15(3) of the Contempt of Courts Act, 1971, and Rules 9 and 22 of the Bombay High Court (Contempt of Court) Rules, 1994, as it fails to mention any specific charge — an essential legal requirement before issuing such a notice.

Ojha further claims that the court’s decision to take cognizance based on his failure to seek recusal of the judge is a presumptive inference and contrary to Supreme Court rulings. He asserts that contempt proceedings, being quasi-criminal, must adhere to the rigours of criminal law, including the presumption of innocence.

Ojha has also questioned the source of the information used to initiate the proceedings and alleged that the action infringes on his fundamental right to free speech. He maintains that truthful publication, even if critical of a judge, does not amount to contempt.

Additionally, he has sought restoration of the deleted video of the press conference, which the court had directed YouTube and a Marathi news channel to take down, observing that Ojha’s remarks had “lowered the dignity of the court.”

Disha Salian, former manager of late actor Sushant Singh Rajput, died in June 2020 after allegedly falling from a high-rise in Malad. Ojha represents her father, Satish Salian, who has sought a fresh probe into her death.

Satish Salian had approached the HC in March seeking a fresh probe into the mysterious circumstances under which his daughter was found dead. Disha, manager of the late actor Sushant Singh Rajput, died on June 8, 2020, after falling off the 14th floor of a residential building in suburban Malad.