New Delhi: Sushant Singh Rajput’s father has opposed before the Supreme Court actor Rhea Chakraborty’s petition seeking the transfer of the FIR registered against her in Patna to Mumbai.
K.K. Singh submitted in his affidavit filed Saturday that the transfer petition should be dismissed because it had become infructuous in wake of the case being entrusted to the CBI.
He pointed out Chakraborty herself had requested Union Home Minister Amit Shah for a CBI inquiry. With the Centre accepting the Bihar government’s recommendation for a CBI probe into the case, Chakraborty should not have any grievance now, he stated in the affidavit.
Last month, Rajput’s father had lodged an FIR against Chakraborty and others, including some of her family members, in Patna. The FIR includes sections 341 (punishment for wrongful restraint), 342 (punishment for wrongful confinement), 380 (theft in dwelling house), 406 (punishment for criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property) and 306 (abetment of suicide) of the Indian Penal Code (IPC).
Chakraborty moved the top court, asking for the transfer of the case to Mumbai. During a hearing on 5 August, the Supreme Court was informed that the central government was willing to hand over the case to CBI. This statement was later followed by a notification issued the same evening. Maharashtra supported Chakraborty’s case and said Bihar did not have the jurisdiction to investigate the matter as the alleged suicide happened in Mumbai.
The court had then given three days’ time to all parties — the Maharashtra and Bihar governments as well as Chakraborty and Rajput’s families — to file a reply.
In its reply filed Thursday, the Bihar government accused the Mumbai Police of siding with Chakraborty. Seeking the dismissal of her transfer petition, it alleged the actor and her family members came in contact with Sushant Singh Rajput with the sole motive of grabbing money from him. For this, they claimed, she painted a false picture of his mental illness.
Transfer of case can be sought post-cognisance
In his affidavit, K.K. Singh said Chakraborty’s transfer petition is not maintainable by law. The well-settled proposition law states that the transfer of a case from one jurisdiction to another can only be done at the post-cognisance stage, once a charge sheet is filed before a court of law. Transfer cannot be sought at the stage of investigation, which is when the matter is under police probe, the affidavit said.
With regard to the Bihar Police’s jurisdiction, Singh claimed it was competent to inquire into his son’s death because part of a cause of action occurred in Patna. The police were duty-bound to look into the complaint lodged by the family under the criminal procedure code.
Mumbai Police botching up the probe
Critical of the Mumbai Police, the deceased actor’s father alleged they had conducted an “eye-wash” in the name of inquiry. The police there have failed to show any “urgency” in finding the culprit(s) responsible for his son’s death, he submitted.
The police, he alleged, delayed the examination of the person with whom the actor had a live-in relationship and failed to register a FIR, despite examining many witnesses, more than a month after Sushant Singh Rajput’s death.