The Bihar government on Friday urged the Supreme Court to dismiss actor Rhea Chakraborty’s petition to transfer an first information report filed against her from Patna to Mumbai to investigate the death of Bollywood actor Sushant Singh Rajput, PTI reported. Chakraborty is currently being questioned by the Enforcement Directorate in the case.
In an affidavit, the court argued that Chakraborty’s petition to transfer the case filed by Rajput’s family is “premature, misconceived and non-maintainable”. This came after the top court had on Wednesday asked both the Bihar and Maharashtra governments to file their responses to Chakraborty’s petition in three days. It had also stated that that the truth behind the “unfortunate” death of a “gifted and talented artist” should be revealed.
The FIR against Chakraborty alleges abetment of suicide, criminal conspiracy and cheating. Rajput was found dead in his apartment in Mumbai on June 14, in what the police said was a case of suicide. However, Chakraborty challenged the jurisdiction of Patna Police to investigate the case. Meanwhile, the Mumbai Police has so far recorded statements of 56 persons, including Bollywood directors Aditya Chopra, Mahesh Bhatt and Sanjay Leela Bhansali.
The 28-page affidavit was filed by Patna Senior Superintendent of Police Upendra Sharma through Bihar government’s advocate Keshav Mohan. It said the state police has the jurisdiction in the case as the complaint was filed by Rajput’s father, KK Singh, who is from Patna. “It is most respectfully submitted that the transfer petition filed by the petitioner u/s 406 of CrPC is premature, misconceived and non-maintainable...Therefore what transpires from the bare perusal of section 179 CrPC is that the offence can be tried either at the place where the offence has been committed or the consequence ensues,” the affidavit read.
It also said Singh lost his “young, vibrant son” due to the act committed by Chakraborty. “It is most respectfully submitted that the Mumbai Police has been making lame excuses that only Mumbai Police has jurisdiction to investigate the offence which it has already been investigating despite the fact that no cognizable case,” the affidavit added.
The Bihar government also accused the Mumbai Police of not cooperating in the investigation and stated that documents such as inquest report, postmortem report and CCTV footage have not yet been handed over to the Patna Police.
It also referred to Bihar IPS officer Vinay Tiwari being quarantined by the Brihanmumbai Municipal Corporation. He was released today by the civic body. “The Mumbai Police action casts aspersion on it and it is apparently siding with Rhea,” the affidavit said, according to NDTV. “Mumbai police probe is only on the unnatural death of actor and has a limited scope.”
The FIR cannot be transferred merely on the apprehension of bias and that in criminal proceedings the concept of jurisdiction cannot be applied like civil cases, the state government told the Supreme Court.
SC dismisses law student’s plea for CBI or NIA probe
Separately, the Supreme Court on Friday dismissed a petition by a law student, seeking directions to transfer the inquiry into Rajput’s death to either the Central Bureau of Investigation or National Investigation Agency, ANI reported. A bench headed by Chief Justice SA Bobde said Rajput’s father was already pursuing the case and therefore the student has no reason to venture into the matter.
“Who are you,” Bobde asked the student. “You are a total stranger unnecessarily interfering in the case...Don’t make absurd statements. The probe is on the behest of the father. We are dismissing your petition.”
On Thursday, the CBI filed a first information report against Chakraborty and five others in connection with the death of Rajput. The agency’s Special Investigation Team led by Joint Director Manoj Shashidhar will pursue the case. The Bihar government had recommended a CBI probe after Tiwari was quarantined and not allowed to step out.
Chakraborty, who has denied the allegations levelled against her, had urged Union Home Minister Amit Shah to order a CBI inquiry into Rajput’s death, though now she is opposed to a non-Maharashtra Police investigation.
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