SC to pronounce its verdict on Rhea’s plea today

The Supreme Court will pronounce its judgement today on Rhea Chakraborty’s plea which sought transfer of FIR filed against her from Patna to Mumbai. Earlier on 13 August, the actress, Sushant’s father K.K. Singh, Maharashtra government and the Bihar government had filed their written submissions in the SC on Rhea’s plea.

The actress, in her written submissions, told the SC that since the cause of action had risen in Mumbai, only Mumbai Police had the jurisdiction to investigate Sushant Singh Rajput’s death and in case the matter was to be transferred to the CBI, consent of Maharashtra Government was necessary (in terms of Section 6 of the Delhi Special Police Establishment Act, 1946).” 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,” the actress said in her submission before the SC.

In his response, Sushant’s father K.K. Singh also wrote to the Court and 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 that the Mumbai police was not investigating the matter properly and were continuing with inquest proceedings indefinitely.

In the meantime, the Bihar government said that since the CBI had taken over the probe in the case, Rhea Chakraborty›s plea to transfer the probe to Mumbai had become infructuous. It further said in its reply that the Bihar Police also had the jurisdiction to probe the case. Defending the Mumbai police, the Maharashtra government also said that during the course of investigation, the Mumbai Police had recorded statements of 56 persons and were investigating into the facts and circumstances leading to the death of the deceased from each and every angle. The Central government had said that no ‹case› is pending in Mumbai, so there is no question of transfer there and SC should let CBI and ED continue its investigation.

On 11 Aug, the SC had reserved its order on a plea by Rhea Chakraborty seeking to transfer the FIR against her from Patna to Mumbai.

Ashish Sinha

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