Supreme Court orders for CBI Enquiry in SSR Case

CBI Probe to start soon in SSR case

Thursday, 20th August 2020

The Supreme Court of India on this Wednesday directed the Central Bureau of Investigation (CBI) to take up the Sushant Singh Rajput death case and investigate into the matter. It also asked the Maharashtra government to support and help with regard to the probe. The evidence collected by the Mumbai Police so far will now have to be handed over to CBI.

Also, the Supreme Court of India upheld the First Information Report (FIR) lodged in Patna by K.K Singh, father of the late actor. “FIR registered at Patna was correct and reference to CBI is lawful. The Bihar government is competent enough to transfer case to CBI for investigation,” said Justice Hrishikesh Roy.

The bench said further, “The state of Maharashtra refused the option to challenge the order and that the jurisdiction of the Mumbai Police conducting probe under Section 174 CrPC (enquire on suicide) is limited.”

“If any other case is registered regarding Sushant’s death, the same shall be probed by CBI only,” added the court.

A request was made by Rhea Chakraborty for the transfer of the SSR-case related FIR filed against her from Patna to Mumbai. Post the FIR by Sushant’s dad, actor Rhea Chakraborty attempted to move the apex court.

The charges brought against Rhea and five others included the following:

• Abetment to suicide
• Criminal breach of trust
• Cheating
• Wrongful confinement
• Criminal intimidation

In response to the Supreme Court’s verdict, K.K Singh’s lawyer Vikas Singh said, “This is a victory for Sushant Singh Rajput’s family. SC ruled on all points in our favour. The Court also clearly said that the FIR registered at Patna was correct.”

“SC also said that any other FIR registered in connection with the Sushant Singh Rajput’s death will also be investigated by the CBI. We hope that we should get justice very soon. The family is very happy with the verdict,” added Vikas Singh.

Gupteshwar Pandey, Bihar DGP too expressed his gladness over the SC’s judgment. “I am very happy. The Supreme Court’s order has strengthened the trust people have in the Court and has assured the nation that justice will be delivered…Today’s verdict has proved that Bihar Police was correct. The way Mumbai Police behaved was illegal,” said Pandey in his statement.

Rhea, in an affidavit, said that the case did not fall under the jurisdiction of the Bihar Police while K.K Singh, Sushant’s father had argued that the Bihar Police “clearly had jurisdiction” to file the FIR because the action undertaken by SSR when alive and the triggers for such an action had something to do with Patna as during Sushant’s lifetime his “father’s attempt to talk to him on telephone from Patna was thwarted by the accused persons by not letting him talk to him, which could have saved his son’s life”. Also, Rhea has revealed that she isn’t scared of the CBI inquiry in any way.

On August 11th, the Supreme Court had withheld its verdict on this petition. During the case’s hearing, both the Bihar government and the Maharashtra government had blamed each other of indulging in politics regard SSR’s death.

Maninder Singh, Senior Advocate appearing for the state of Bihar, had stated before a single-judicial bench of the Justice Hrishikesh Roy that “Political pressure is in Maharashtra and not in Bihar…Mumbai Police did not give us any documents… They are not cooperating… What are they fearing in this case?”

The advocate had quite fiercely disapproved of the remarks in an affidavit registered by the state of Maharashtra that the “Chief Minister of Bihar is reported to be responsible for registration of FIR in Patna”, and had said the “state of Bihar very consciously avoided saying anything about Maharashtra”.

In order to counter the Bihar advocate’s statement, A M Singhvi, senior advocate appearing on behalf of Maharashtra said, “I can assure you once a certain election is over, this will not even be discussed …in a state anxiously clutching at straws today”.

 The case isn’t just regarding any state but is “much larger issue about how federalism is sought to be subverted”, Singhvi submitted and further added saying that the “murder of CrPC is being attempted here”. He contested further saying that there is a “grandstanding by every anchor, commentator, lawyer, non-lawyer….”

Also, Tushar Mehta, the Solicitor General who appeared on behalf of the Centre, had talked about the affidavit from Maharashtra stating that the Mumbai Police had done their bit by recording the statements of 56 relevant witnesses and none of these witnesses had expressed doubt about Sushant Singh Rajput committing a suicide. “It is foregone conclusion by one agency that it was suicide which they are now trying to press before highest court of the land by saying statements of 56 persons recorded,” he contested.

On the 5th of August, the highest court of India had taken up Rhea Chakraborty’s petition, stating “whether there is any criminality in the situation is the matter to be investigated”.

Source: Indian Express