[Breaking] Sushant Singh Rajput Case : SC Orders CBI Probe; Holds Bihar FIR Valid; Asks Maharashtra Police To Assist

The Supreme Court on Wednesday upheld the Bihar Government's order to transfer the probe in the case related to the death of Bollywood actor Sushant Singh Rajput to CBI.A single bench of Justice Hrishikesh Roy held that Bihar police had jurisdiction to register FIR with respect to the suicide of Sushant Singh Rajput at the complaint of the actor's father, and held the transfer to CBI valid. The Court has directed Maharashtra police to hand over the case files to CBI and to render necessary assistance. "It is court ordered CBI investigation. Maharashtra police must comply and assist", ordered the bench.The Court has also directed CBI to also look into any other cases registered in future in relation to the death of actor Sushant Singh Rajput.The Court, while invoking its plenary jurisdiction under Article 142 of the Constitution has held that "if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well".Court, while taking note of both states are making acrimonious allegations of political interference against each other has observed that the "legitimacy of the investigation has come under a cloud"."Such comments, responsible or otherwise, have led to speculative public discourse which have hogged media limelight. These developments unfortunately have the propensity to delay and misdirect the investigation. In such situation, there is reasonable apprehension of truth being a casualty and justice becoming a victim... When truth meets sunshine, justice will not prevail on the living alone but after Life's fitful fever, now the departed will also sleep well. Satyameva Jayate" - Supreme CourtWhile holding that the incidents referred to in the complaint indicate that the Mumbai Police possess the jurisdiction to undertake investigation on those circumstances, therefore in the event of a case being registered in Mumbai, the consent for the investigation by the CBI under Section 6 of the Delhi Special Police Establishment (DPSE) Act can be competently given by Maharashtra Government, the Court said."The ongoing investigation by the CBI is held to be lawful. In the event a new case is registered at Mumbai on the same issue, in the fitness of things, it would be appropriate if the latter case too gets investigated by the same agency, on the strength of this Court's order. Such enabling order will make it possible for the CBI to investigate the new case, avoiding the rigors of Section 6 of the DSPE Act, requiring consent from the State of Maharashtra" - Supreme Court Nothing To Show Any Wrong Doing By Mumbai Police; Probe By Agency Not Controlled By Both States Appropriate: SC While approving the ongoing CBI investigation in the case related to the death of Bollywood actor Sushant Singh Rajput, the Supreme Court observed that there was nothing on record to prima facie suggest any "wrongdoing on the part of Mumbai police". A single bench of Justice Hrishikesh Roy observed that the Mumbai police was carrying out a "limited inquiry" under Section 174 of the Code of Criminal Procedure (inquiry process into unnatural death) and was yet to register an FIR under Section 154 CrPC in respect to the suicide of the actor.Nothing to show any wrong doing by the Mumbai police, observes SC while handing over #SushantSingRajputDeathCase to CBI.Court also held that @MumbaiPolice had jurisdiction to investigate. But to avoid conflict, directed to hand over case to CBI.#CBIForSSR @Tweet2Rhea pic.twitter.com/V4pfTMLQ6M— Live Law (@LiveLawIndia) August 19, 2020[Sushant Singh Rajput] Nothing To Show Any Wrong Doing By Mumbai Police; Probe By Agency Not Controlled By Both States Appropriate: SC No transfer of FIR under Section 406 CrPCOne of the issues considered by the court in this case was whether the Supreme Court has power to transfer investigation (not case or appeal) under Section 406 of the CrPC. To answer this issue, the judge referred to the decision in Ram Chander Singh Sagar vs. State of Tamil Nadu (1978) 2 SCC 35 in which it was held that the power under Section 406 CrPC does not clothe the Court with the power to transfer investigations from one police station to another in the country simply because the first information or a remand report is for warded to a Court. To answer this issue, the judge referred to the decision in Ram Chander Singh Sagar vs. State of Tamil Nadu (1978) 2 SCC 35 in which it was held that the power under Section 406 CrPC does not clothe the Court with the power to transfer investigations from one police station to another in the country simply because the first information or a remand report is for warded to a Court. The judge observed:The Court passed the order while disposing Bollywood actress Rhea Chakraborty's plea seeking transfer of an FIR filed against her from Patna to Mumbai and the stay on the investigation by the Bihar police on the allegations of...

[Breaking] Sushant Singh Rajput Case : SC Orders CBI Probe; Holds Bihar FIR Valid; Asks Maharashtra Police To Assist

Sanya Talwar

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