New Delhi: The Supreme Court on Tuesday reserved its order on Rhea Chakraborty's plea for transfer of the FIR lodged in Patna by Sushant Singh Rajput's father to the Mumbai Police. A single-judge bench of Justice Hrishikesh Roy noted that Rhea herself has pleaded for a Central Bureau of Investigation probe.
Both the Bihar government and Sushant's father are seeking a CBI probe into the actor's death, while the Maharashtra government opposes it. The top court has asked all the parties in the case to file written submissions by Thursday.
The Bihar government alleged there was political pressure to stop registration of an FIR in Mumbai and Solicitor General Tushar Mehta, representing the Centre, argued that the arguments made by the Chief Ministers of both Maharashtra and Bihar during the case makes it a fit case for a CBI inquiry.
Rhea's counsel, however, contended that the FIR in Bihar was at the behest of Chief Minister Nitish Kumar there, and if there were to be a fair investigation, it can't be at the instance of Bihar Police.
Stressing that the transfer petition should be allowed, Rhea's counsel insisted that the effective investigation should be in Mumbai, as it is also the place of original jurisdiction.
Mehta, meanwhile, questioned how the Mumbai Police summoned 56 persons and recorded their statements, as they cannot do it under inquest proceedings. He submitted before the court that Mumbai Police never registered an FIR to investigate the case.
He also argued that the Enforcement Directorate has already initiated investigation, and after one central agency has registered a case, another central agency (CBI) should be engaged.
'Never Saw Sushant's Body Hanging, Don't Trust Mumbai Police Probe'
Meanwhile, Sushant Singh Rajput's father K.K. Singh told the Supreme Court that Mumbai Police summoned everyone, "except the real suspects or accused" in the case of his son's death, and argued that the mark seen on the actor's neck could be of a belt.
Senior advocate Vikas Singh, representing Sushant's father, contended before Justice Hrishikesh Roy that the family has no faith in the investigation of the Mumbai Police and Rhea Chakraborty's role should have been investigated but it was doing something else.
Singh told the apex court that Sushant's family never saw his body hanging and this creates suspicion.
"The larger picture is that my client has lost his son," he said, adding that the Mumbai Police did not listen to Sushant's father and "took the investigations into a completely different direction".
"His daughter could enter after the body was reportedly brought down. Nobody in the family has seen his body hanging," he argued.
Singh contended that the consequence of Sushant's "exploitation", and the criminal beach of trust and cheating all happened at Patna.
"So Patna police have the jurisdiction to register the FIR under Section 179 of the CrPC," he submitted, adding that there has already been a delay of many days in the case, and if more time passes, evidence will be destroyed.
He also argued that when Rhea also wants a CBI probe, then the court should put its stamp of approval on the measure and ensure that the home quarantine rule is not applicable to CBI officers.
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