38.6c New Delhi, India, Sunday, April 21, 2024

Statements of Witnesses Recorded By Mumbai Police Have No Legal Validity: CBI to SC in Sushant’s Death Case

By Saransh Awasthi      17 August, 2020 05:42 PM      0 Comments
Statements of Witnesses Recorded By Mumbai Police Have No Legal Validity: CBI to SC in Sushant’s Death Case

The Central Bureau of Investigation (CBI) on Thursday (August 13, 2020) told the Supreme Court that no FIR has been registered by the Mumbai Police in the Bollywood actor Sushant Singh Rajput’s suicide case. The CBI filed an affidavit in reply to the Rhea Chakraborty’s plea seeking transfer of FIR registered against her in Patna to Mumbai.

The central agency in their affidavit pointed out that the “investigation can start only under Chapter XII of the Code [Cr.P.C.] and can commence only by registering of a FIR under section 154/155/156 of the (Criminal Procedure) Code. It is only after registration of FIR that the Police get jurisdiction to record statements of witnesses, and not otherwise”. It also said that all 56 statements of the witnesses which have been recorded by the Mumbai Police have “no validity or legal sanctity” and that, the police officer is merely discharging its functions under section 174 of Cr.P.C. which talks about Police duty to enquire and report on suicide, etc.

Solicitor General Tushar Mehta, on behalf of the Centre, argued that the Police can proceed with its investigation only after the registration of FIR. He further stated that “Even after registration of a FIR, the police officer is mandated to intimate the magistrate about the same and thereafter everything happens under judicial supervision. This has admittedly not taken place”.

In her written reply, Rhea maintained the Bihar Police had no jurisdiction in the concerned matter stating that section 177 of the Cr.P.C. mandates that the case should be investigated where the offense has been committed. While opposing the State’s decision to transfer the case to the CBI, she said, “transfer has been undertaken solely with the motive of rendering” her plea “infructuous”.

CBI has already registered a FIR following the Centre’s approval for the CBI probe into the Sushant Singh Rajput death case after the request made by the Bihar Government. Alongside, the Enforcement Directorate is investigating the matter under the Prevention of Money Laundering Act, 2002.

Maharashtra Police had also submitted its report of the investigation so far to the Court. The bench has reserved orders on Rhea’s plea seeking transfer of FIR in connection to the Sushant’s suicide from Patna to Mumbai.

Share this article:

Leave a feedback about this

Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM


Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email