SSR's case: Obstruction to Bihar Police in Mumbai gave rise to suspicion on inquiry, Says SC
Rajput's father and the Bihar government have alleged that Mumbai Police is "attempting to shield the real culprits under political pressure", while Maharashtra government has strongly refuted it and said that Patna Police has no jurisdiction to investigate the crime when the incident has taken place in Mumbai.
The verdict came on a plea filed by Chakraborty who had sought transfer of the FIR lodged against her at Patna to Mumbai.
The top court noted in its judgement that "uncertain about the future contingency at Mumbai, Rajput's father Krishna Kishore Singh had filed a complaint at Patna levelling serious allegations against Chakraborty, following which an FIR was registered.
It noted that during the pendency of Chakraborty's plea before it, the FIR at Patna was subsequently transferred to the CBI with consent of Bihar government.
"As the CBI has already registered a case and commenced investigation at the instance of the Bihar government, uncertainty and confusion must be avoided in the event of Mumbai Police also deciding to simultaneously investigate the cognizable offence, based on their finding in the inquiry proceeding," it said.
The bench said that entrustment of investigation to the CBI is permitted either with consent of the concerned state or on orders of the constitutional court.
"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," the bench said.
It said under the "federal design" envisaged by the Constitution, police is a state subject under List II of Seventh Schedule of the Constitution. The Maharashtra government had earlier told the apex court that Mumbai Police has registered an accidental death report (ADR) and commenced inquiry under section 174 of the CrPC to ascertain the cause of death and also to determine whether the death was a result of some criminal act committed by some other persons. It had also said that statements of 56 persons have been recorded if the inquiry discloses commission of a cognizable offense, the Mumbai Police would register an FIR.