Actress Rhea Chakraborty, Sushant Singh Rajput›s father K.K. Singh, the Maharashtra and Bihar governments and the Centre have filed written submissions in the Supreme Court on Chakraborty’s plea seeking to transfer the FIR from Patna to Mumbai. The SC has already reserved the verdict on Chakraborty›s transfer plea.
Chakraborty in her written submissions told the SC that since the cause of action has arisen in Mumbai, only Mumbai Police has the jurisdiction to investigate Rajput›s death, and in case the matter is to be transferred to the CBI, the consent of the Maharashtra government is necessary in terms of Section 6 of the Delhi Special Police Establishment Act, 1946.
Her submission says: “Bihar govt›s actions are totally illegal and such illegal proceedings cannot be transferred to CBI in the present manner by way of illegal executive orders. Have no objection if the transfer of investigation to CBI is done in exercise of powers conferred upon this Court under Article 142 of the Constitution of India. Otherwise, the present transfer from Bihar Police to CBI as is done is totally without jurisdiction and contrary to law.”
Sushant’s father, K.K. Singh, in his written submission said, “Patna Police clearly had jurisdiction to register the FIR because the part of the cause of action happened at Patna as during the lifetime of Sushant Singh Rajput. Attempt to talk to him on telephone from Patna was thwarted by the accused by not letting his family talk to him, which could have saved his life and the consequences of the crime is suffered by the complainant at Patna, because he was the only son who was to light his funeral pyre and the son has been snatched away by the acts of the accused.”
Singh further said, “The Mumbai police was not investigating the matter properly and were continuing with inquest proceedings indefinitely, when clearly under S.174 CrPC the inquest report has to be prepared forthwith basically to determine the cause of the death and as to whether there were any suspicious circumstances surrounding the said cause or not.”
The Maharashtra government said, “During the course of investigation, the Mumbai Police have till date recorded statements of 56 persons and are investigating into the facts and circumstances leading to the death of the deceased from each and every angle. The Mumbai Police are investigating the incident fairly, properly, professionally and impartially.”
Meanwhile, the Bihar government said that since CBI has taken over the probe in the case, Rhea Chakraborty›s plea to transfer the probe to Mumbai has become infructuous. The Bihar government further said in its reply that the Bihar Police has jurisdiction to probe the case.
The Central government has said that no “case” is pending in Mumbai, so there is no question of transfer there, and thus, the Supreme Court should let CBI and ED continue its investigation. On 11 August, the apex court had reserved its order on a plea by Rhea Chakraborty seeking to transfer the FIR against her from Patna to Mumbai.
