Supreme Court upheld CBI probe into SSRs Death Case Lawful

Sushant Singh Rajput:

CBI probe into FIR against Rhea Chakraborty lawful; Mumbai Police to hand over all evidence, Supreme Court

Maharashtra Government to assist CBI in the probe, SC

Case Covered:

Rhea Chakraborty

Versus

State of Bihar & Ors.

Facts of the Case:

The petitioner contends that the incidents alleged in the complaint lodged by the father of the deceased, have taken place entirely within the jurisdiction of State of Maharashtra and therefore, the Complaint as received, should have been forwarded to the jurisdictional police station at Bandra, Mumbai for conducting the investigation. However, despite want of jurisdiction, the Complaint was registered at Patna only because of political pressure brought upon the Bihar Police authorities. Mr. Shyam Divan, the learned Senior Counsel for the Petitioner argues that the courts in Bihar do not exercise lawful jurisdiction in the subject matter of the Complaint and since the acts alleged in the Complaint are relatable to Mumbai jurisdiction, the mere factum of Complainant being a resident of Patna, does not confer jurisdiction on the Bihar police to conduct the investigation. Adverting to the subsequent transfer of the investigation to the CBI, Mr. Divan argues that since the Bihar police lacked jurisdiction to investigate the allegations in the Complaint, the transfer of the investigation to the CBI on Bihar Government’s consent, would not amount to a lawful consent of the State government, under Section 6 of the Delhi Special Police Act, 1946 (for short “DSPE Act”). The FIR according to the petitioner is contradictory and the Complaint fails to disclose how the alleged actions of the petitioner, led to the suicidal death of the actor. The petitioner projects that she has fully co-operated with the Mumbai Police in their inquiry but will have no objection if the investigation is conducted by the CBI. Mr. Shyam Divan the learned Senior Counsel submits that justice needs to be done in this case and powers under Article 142 of the Constitution can be invoked by the Court. 

Observations of the Court:

Having regard to the law enunciated by this Court as noted above, it must be held that the Patna police committed no illegality in registering the Complaint. Looking at the nature of the allegations in the Complaint which also relates to misappropriation and breach of trust, the exercise of jurisdiction by the Bihar Police appears to be in order. At the stage of the investigation, they were not required to transfer the FIR to the Mumbai police. For the same reason, the Bihar government was competent to give consent for entrustment of investigation to the CBI, and as such the ongoing investigation by the CBI is held to be lawful.

The decision of the Court:

In such a backdrop, to ensure public confidence in the investigation and to do complete justice in the matter, this Court considers it appropriate to invoke the powers conferred by Article 142 of the Constitution. As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for the exercise of a plenary power in the present matter. Therefore while according approval for the ongoing CBI investigation, if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well. It is ordered accordingly.

Before parting, it is made clear that the conclusion and observations in this order are only for disposal of this petition and should have no bearing for any other purpose. 

The Transfer Petition is disposed of with the above order.

Read & Download the Full Decision in pdf: