Bollywood Actress Rhea Chakraborty, accused in the Sushant Singh Rajput death case has filed a fresh affidavit in the Supreme Court stating that the late actor's death was a case of suicide and is "being blown out of proportion" due to the impending elections in Bihar.
"The sad incident of the death of Sushant Singh Rajput who hailed from Bihar unfortunately occurred just in wake of elections in Bihar. This has led to the issue of suicide of deceased being isolated and blown out of proportion" says Rhea in her affidavit.
Chakraborty alleges that the issue has been sensationalised by media channels where all witnesses are being examined and cross-examined and she has been convicted "even before foul play in the death of Sushant Singh Rajput is established".
In her affidavit before Top Court, she has drawn corollaries of the Late actor's case with the 2G scam case & the unfortunate Arush Talwar murder case, stating that this media trial has caused here "extreme trauma" and has "infringed her of privacy"
"Media had convicted accused in 2G and Talwar case in similar fashion where each and every accused was later on found innocent by the Courts" - Rhea Chakraborty to SC
Stating that she is being made a "scapegoat" of political agenda's, the bollywood actress has states that she should be protected.
Further to this, she contends that even though two actors Ashutosh Bhakre & Sameer Sharma recently passed away due to commission of suicide in the last 30 days, there has been no "whisper of the same in power corridors".
On the aspect of technicalities and jurisdiction Chakraborty has denied all allegations levelled against her by Rajput's father in Patna and highlights that jurisdiction has been wrongly usurped in Bihar due to political pressure as no alleged act was done in Bihar. She states states that Section 179 of Criminal Procedure Code is being misconstrued.
"It appears that Section 179 has been misconstrued to usurp jurisdiction in Bihar under political pressure. Example of offence for the purpose of Section 179 can be - a case of a cheque issued in Maharashtra, and returned unpaid on being deposited in Bihar...From a plain reading of FIR, neither any such act which is done in the State of Bihar, nor any such consequence which has ensued in State of Bihar, is forthcoming by reason of which such act and consequence is an offence, out of any alleged in the FIR"
She has also contended that jurisdiction for trying offences only lies in State of Maharashtra notwithstanding FIR registration or transfer to CBI and residence of the deceased father in patna is no ground in law to usurp the case to Magistrate in Patna. She states,
"Even though the Enforcement Directorate has purportedly registered a case for investigation under the Prevention of Money laundering Act, 2002 by filing ECIR/MBZO/-I/31/2020 on the basis of the predicate offences in FIR 241 of 2020 at Patna...At the highest an FIR can be registered and the same is required to be forwarded to the magistrate having jurisdiction over the matter"
Rhea had approached the Top Court last month, seeking transfer of the FIR from Patna to Mumbai and stay on the investigation by the Bihar police on the allegations of Rajput's father that she abetted suicide of his actor son.
However, a bench of Justice Hrishikesh Roy refused to grant a stay in the 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 Sushant Singh Rajput's father that she abetted suicide of his actor son.
The bench granted 3 days to all parties to file reply and sought an update from State of Maharashtra on the Investigation done by Mumbai Police. The matter is listed for hearing tomorrow.
The Bollywood actress has alleged that Rajput and she were in a live-in relationship till June 8 after which she left his home to shift to her own residence in Mumbai. She has also claimed that the Late actor was suffering from depression.
"Deceased was suffering from depression from some time and was also on anti-depressants and he committed suicide on the morning of June 14 at his Bandra residence by hanging himself." - Excerpt of Plea
Rajput, aged 34, was found hanging from the ceiling of his apartment in suburban Bandra in Mumbai on June 14 and since then the Mumbai police has been probing the case keeping in mind various angles.
The move of Rhea to rush to the top court assumes significance in view of the fact that a four-member probe team of Bihar police is already in Mumbai and may seek to interrogate the actress as the FIR lodged at Patna by Rajput's father, K K Singh, contained allegations of severe criminal offences such as abetment of suicide and criminal breach of trust under the IPC.
The move came, four days after Rajput's father K K Singh lodged an FIR at Rajiv Nagar police station in Patna against Chakraborty and six others, including her family members, accusing them of abetting the actor's suicide.
In her plea, Chakraborty has also sought stay on probe by Bihar Police on the FIR lodged by Rajput's father till disposal of her plea in top court.
Rhea Chakraborty had also recorded her statement with the Mumbai police.
Singh, on July 25, lodged the FIR under various sections of IPC including 306 (abetment of suicide), 341 (punishment for wrongful restraint), 342 (punishment for wrongful confinement), 380 (theft in dwelling house), 406 (punishment for criminal breach of trust) and 420 (Cheating and dishonestly inducing delivery of property).
Several political leaders and film personalities have demanded a CBI probe into his death.
Rajput's suspected death by suicide has also triggered a debate on alleged nepotism and favouritism in the Hindi film industry.
Several top production houses had allegedly boycotted the Patna-born actor, causing him distress and compelling him to end his life.
Click Here To Download Affidavit