Sushant Singh Rajput Death: SC Reserves Order On Rhea Chakraborty's Plea To Transfer Bihar FIR To Mumbai [Court Room Exchange]

The Supreme Court on Tuesday reserved its orders in a plea filed by Bollywood actress Rhea Chakraborty seeking transfer of an FIR filed against her from Patna to Mumbai.The Court also asked all parties to submit a written note by Thursday, August 13.A Single Judge Bench of Justice Hrishikesh Roy heard all parties involved, who had complied with the Court's August 5 Order, directing them to file their responses within 3 days to Chakraborty's plea to transfer the case. The State of Maharashtra had also filed its report regarding the status of the investigation.Representing Chakraborty, Senior Advocate Shyam Divan asserted that it was only the Mumbai Police who had the authority to handle the case, while Patna Police had no jurisdiction to have registered the case at all. "Bandra Police Station has the jurisdiction to handle this case. I would like to point out that Rajeev Nagar is the address of Sushant's father, which is where the FIR was filed. This has no consequence. Patna police has no jurisdiction to register a case", argued Divan.He also informed Court that, according to law, if an FIR is registered at a place where the crime was not committed, a ZERO FIR could be registered and transferred to the State which had jurisdiction.Divan went on to inform the court of the 'considerable delay' in the filing of the FIR in Bihar, which took place nearly 38 days after the actor's death. On the other hand, added the senior advocate, the Mumbai Police is doing substantial work and has already recorded 56 witness statements.Highlighting this delay in filing an FIR, Divan went on to aver that there was an apprehension with regard to justice being done if the Bihar police were allowed to continue the probe, due to State involvement, bias and media trial that has engulfed this case.Buttressing his point, Divan pointed out how the case is riddled with political agenda, which is being propelled by political pressure being mounted by news reports."Justice shall only be met if my client's prayers are allowed…The ends of justice, in this case, are met by granting a transfer from Patna to Mumbai…When My lord is considering the 'ends of Justice', all these aspects become extremely important including political pressure and agendas as well as the delay in filing FIR against Rhea Chakraborty", urged the petitioner's counsel.Divan alluded to the political mileage which is being grappled with in this case and the political pressure for registration of FIR against the actress who is being victimized for the allegations made against her by the late actor's family. Having laid down the averments made by Rajput's father against Chakraborty, Divan added that "an element of the usage of this case for political agendas is apparent. My lords must also consider that there are real people involved in this case. Rhea Chakraborty was in love with the deceased, and now she is now being trolled and victimized…the media is sensationalizing the late actor's case. A huge media trial is being played out, which is extremely undesirable."Having referred to news reports which "strongly suggest a lot of political force has been used in order to register an FIR against her" Divan argued that a fair agency must investigate the matter.In this light, he pointed out that the CBI released a notification immediately after the Bihar Government recommended a CBI probe. Thus, the Mumbai Police must investigate, he argued."The manner in which they have tried to sidestep the jurisdiction of the Court has also caused disquiet", concluded Divan.Divan now apprising the bench about Area Jurisdictions in criminal cases.Divan refers to Section 156(2) of the CRPC.— Live Law (@LiveLawIndia) August 11, 2020Sushant Singh's Death Being Sensationalized;Media Trial Causing Trauma : Rhea Chakraborty Tells SC Appearing for the State of Bihar, senior advocate Maninder Singh rebutted the argument of political pressure in his State and stated, there was no investigation being carried out by the Mumbai police since there was no FIR that had been registered in the State.Singh: "The inquiry investigation under Sections 174 and 175 of CRPC have to be carried out. Registration of FIR was extremely necessary to come to the aspect of whether the death of Rajput was homicide or suicide. The Mumbai Police did not do so! 56 witnesses examined by Mumbai police, but Maharashtra has not registered an FIR. It only mentions Sections 174 & 175 (of CrPC) and comes straight to examining witnesses?"Having pointed this out, Singh alleged that there was political pressure in Maharashtra and not Bihar, because of which the Police had failed to register an FIR. "Looks like there is political pressure in Maharashtra which disallowed the registration of an FIR in the case", he said.Singh also relied on this point to defend allegations of delay on part of the Bihar police in registering an FIR."As far as the delay in filing of FIR by Bihar Police is concerned, there is no activity by the Mumbai Police....

Sushant Singh Rajput Death: SC Reserves Order On Rhea Chakraborty's Plea To Transfer Bihar FIR To Mumbai [Court Room Exchange]

Sanya Talwar & Nilshish Chaudhary

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