Sridevi’s death: How the Dubai prosecution will work the case

With the case now transferred to the Dubai public prosecution, a UAE-based advocate explains how the next couple of days will pan out

Sridevi's death: How the Dubai prosecution will work the case

Sridevi
Sridevi

Minutes after Dubai officials on Monday announced that the cause of death of superstar Sridevi was drowning, the Bur Dubai police handed over the case to the Dubai Public Prosecution office, which will investigate the death.

The case will be probed under Article 35 of the Criminal Code of the United Arab Emirates, Bini Saroj, an Indian-origin advocate who has been working in Dubai for the last 18 years, told mid-day.

Also read: Repatriation Of Sridevi's Mortal Remains Delayed As Investigations Continue

According to Article 35, judicial police officers take charge of a case and examine the facts reported to them by the local police, besides looking at forensic tests and autopsy reports, said Saroj. While Indian penal provisions empower the police to investigate any mysterious death under Section 174 of the CrPC, Dubai laws require the Public Prosecutor's office to conduct all such enquiries.

The Public Prosecution Department has the powers to call family members for questioning if they suspect anything untoward after analysing police and forensic reports. The PPD can either seek clarifications directly, or could instruct the police to do so, Saroj said. "In this case, the local police, after going through the forensic report and cause of death report, have ruled out foul play and their note has been sent to the PPD for further action," said Saroj.

"The PPD has the powers to clear the papers and close the case (or drop charges, as applicable). If they find there is enough material to prosecute someone on the basis of their investigation, they can directly send their papers to the court." Another source in Dubai said that the surgeons at the Department of Forensic Medicine have conducted a thorough examination. "This being a high profile case, they wanted to ensure that no questions are raised about their findings if at the next of kin seek a second postmortem when the body reaches India," said the source. Asked about the speculation in the media about when the actor's body will be released for repatriation, Advocate Saroj said the DPP office is usually open till 2 pm, which is extended to up till 4pm if it is an extraordinary case.

Also read: Sridevi Died From Accidental Drowning: Forensic Report

"Once they sign off on a case, the papers will go to the Consulate General in Dubai, where the passport will be cancelled and the final procedure and paper work will be completed to take the body to India," said Saroj.

Celeb request?
Sources told mid-day that an influential Bollywood personality called UAE officials with a request to expedite the procedure and send Sridevi's mortal remains back to Mumbai. However, Advocate Majeed Memon, "Dubai police are quite strict and, to my knowledge, no influence works there. The return of the body is likely to be delayed. One encouraging factor is that they have reportedly already issued a statement that no foul play is suspected."

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