The plea filed by actor Rhea Chakraborty seeking transfer of the FIR filed by Rajput’s father against her was heard on Wednesday by the SC.
In the hearing Solicitor General (SG) Tushar Mehta presented Centre, Sr. Adv. Mukul Rohtagi presented Bihar Government and SR. Adv. Shyam Divan presented Rhea Chakraborty. Family Lawyer of Shushant, Vikas Singh was also present. Rhea in her plea stated that till 8th June she was in a live-in relationship with Sushant. She temporarily shifted to her own residence in Mumbai after that. She mentioned that she has been falsely implicated in the case because she was his girlfriend. She seeks for the transfer of FIR in which Rajput’s father alleged her for the abetment of suicide “u/s 306 of IPC, 1860”.
The Supreme Court’s Order:-
- Solicitor General of India, Tushar Mehta, on behalf of Union of India, announced Centre's acceptance of the CBI probe into Sushant Singh Rajput's death.
- Senior Advocate Shyam Diwan, on behalf of Rhea Chakraborty, requested transfer of FIR from Bihar to Mumbai. Also asked for protection for Rhea in case of proceedings or any coercive actions that either Mumbai or Bihar Police may take.
- Sr. Adv. R Basant represented the State of Maharashtra, in the caveat petition earlier filed by Sushant's family.
- 4. Justice Hrishikesh Roy, from the single-judge bench, said 'issue here is of jurisdiction so far as transfer plea is concerned'.
- Justice Roy said that possibility of criminality in the unusual circumstances of the actor's death needs to be investigated.
- Supreme Court observed that everyone has an opinion about the case, orders Center to proceed as per law.
- Justice Roy said, "Let Maharashtra government respond to what Solicitor-General Tushar Mehta has submitted."
- Senior advocate Vikas Singh, on behalf of Sushant Singh Rajput's family, opposed Rhea's plea for a protective order and claimed that evidence will be tampered with if Rhea is protected.
- Singh revealed that evidence has been destroyed already. Also, an investigating officer from Bihar has been quarantined forcefully. Supreme Court then slammed Mumbai Police's confinement of Bihar IPS officer Vinay Tiwary; said 'it doesn't send a good message'
- Justice Roy asked Singh about the time of filing the FIR to which he responded that it was filed after the mourning period of 40 days.
- Counsel for the State of Maharashtra claimed there's no cause for action in Patna to register the FIR and cited 'principles of federalism' which were being tampered by letting Bihar Police interfere with Mumbai Police.
- Vikas Singh called out Mumbai Police for letting Siddharth Pithani, who allegedly lowered SSR's body from the ceiling fan, go to Hyderabad. Meanwhile, he pointed out that the entire Bollywood industry has been called for questioning.
- Singh also asked for direction by the SC to Mumbai Police to cooperate with Bihar Police.
- Justice Roy then dictated orders as follows:-
- Three days granted to all parties concerned to file their investigative reports.
- The state of Maharashtra to update on the status of the investigation by Mumbai Police.
- Investigation to continue in accordance with the law.
- Instructions to SG Tushar Mehta to submit a notification for the CBI probe in the matter by the end of the day.
A three-day window to all the parties was allotted to investigate the death of SSR and to submit all their reports. Justice Roy said that the investigation will proceed in accordance with the law and denied protection for Rhea Chakraborty. He also said that the quarantining of the officer from Bihar is not a good message. The state has to make sure that everything is done in a professional manner.