Dhananjay Mahapatra (THE TIMES OF INDIA; August 20, 2020)

New Delhi: Much maligned for their manner of inquiry into the death by suicide of actor Sushant Singh Rajput, there was a silver lining for Mumbai police in the Supreme Court’s verdict ordering a CBI probe into the case on Wednesday.

Mumbai police had produced the entire inquiry records on the actor’s death, including the post-mortem examination and forensic reports during the hearing on actor Rhea Chakraborty’s plea for transfer of an FIR lodged by Patna police, on the complaint of Rajput’s father, to Mumbai police. She and Maharashtra had contended that since the June 14 incident happened at Rajput’s Bandra residence, only Mumbai police had jurisdiction over the case.

Justice Hrishikesh Roy said, “The records of the case produced before this court do not prima facie suggest any wrongdoing by Mumbai police.” The court gave a thumbs-up to Patna police for registering an FIR based on Rajput’s father and held the Bihar government was competent to recommend a CBI probe into the FIR.

The SC said Mumbai police overstretched its inquiry under Section 174 of Criminal Procedure Code for two months on the basis of an accidental death report without registering an FIR. The SC found merit in the arguments of senior advocate Maninder Singh and standing counsel Keshav Mohan, appearing for Bihar government, and senior advocate Vikas Singh, for Rajput’s father, blaming Mumbai police for impeding Patna police probe in Mumbai by obstructing and quarantining them.

“Their obstruction to the Bihar police team in Mumbai could have been avoided since it gave rise to suspicion on the bona fide of their inquiry,” Justice Roy said, while pointing to the absence of clarity in the direction of the probe—whether or not it would lead to an FIR.

On the other hand, it was a good day for the Bihar government and Patna police as the court said, “It must be held that Patna police committed no illegality in registering the complaint. Looking at the nature of the allegations in the complaint, which also relate to misappropriation and breach of trust, the exercise of jurisdiction by Bihar police appears to be in order. At the stage of investigation, they were not required to transfer the FIR to 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.”
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Holding the registration of FIR in Patna valid, SC says city police could have avoided obstruction of Bihar police, as it gave rise to suspicion
Faizan Khan (MID-DAY; August 20, 2020)

The Supreme Court on Wednesday ordered a Central Bureau of Investigation (CBI) probe in connection with the Sushant Singh Rajput case. The apex court also said that registration of the FIR in Patna by Bihar police is valid, and they have jurisdiction. The top court also upheld the Bihar government's move to transfer the case to CBI, and disposed of the petition of Rhea Chakraborty. The Mumbai police are exploring legal options.

SC On Mumbai Police
The apex court in its order has mentioned that the records of the case produced do not prima facie suggest any wrongdoing by the Mumbai police. However, their obstruction to the Bihar police team at Mumbai could have been avoided since it gave rise to suspicion on the bonafide nature of their inquiry. A senior police officer told mid-day, "The court didn't find any wrongdoing in our probe. We will continue with 174CrPC and if we see any crime was committed, then we will register an FIR and transferred it to CBI as directed by the top court."

"We are looking into the Supreme Court's order with our legal team and will decide accordingly," said Vinoy Chaubey, joint commissioner of Mumbai police (law and order).

"We welcome the Supreme Court's verdict, we will cooperate with the CBI. The court, in its judgment, has clearly said that Mumbai police have done professional investigation, there is no wrong doing," said Home Minister Anil Deshmukh.

A single bench of Justice Hrishikesh Roy also directed the Maharashtra police to hand over the case files to CBI and assist them in the probe. The top court also directed the CBI to look into the other cases registered in future in connection with the death of Rajput.

SC On Two State Politics
The apex court also took the note of the politics happening in the states of Bihar and Maharashtra, with allegations of political interference levelled against each. The court said in its order, "Such comments, responsible or otherwise, have led to speculative public discourse which have hogged media limelight. These developments unfortunately have the propensity to delay and misdirect the investigation. In such a situation, there is reasonable apprehension of truth being a casualty and justice becoming a victim... When truth meets sunshine, justice will not prevail on the living alone but after life's fitful fever, now the departed will also sleep well. Satyameva Jayate".

Rhea Will Appear Before CBI
After the SC order, Rhea's lawyer Satish Maneshinde issued a statement that she will fully cooperate with CBI as she cooperated with the Mumbai police and Enforcement Directorate.

"The investigation related to the death of Sushant Singh Rajput is continuing. A CBI team will visit Mumbai in due course for further investigation. Other details cannot be shared at this stage," the CBI said in its official statement.

Sushant's family issues statement
Thanking Bihar Chief Minister Nitish Kumar, Sushant's family issued a statement saying, "We, Sushant's family, thank our friends, well-wishers, media and millions of fans for their love and support. As the country's premier investigating agency has taken over the case, we believe that all those involved in the dastardly crime will be brought to justice."

- With inputs from Vishal Singh
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BMC To Grant Permission To CBI Officers
WHILE the Bihar IPS officer, Vnay Kumar, who had come to Mumbai in connection with Rajput’s case was put into quarantine, CBI officers will probably get permission for their investigation. A CBI team is supposed to come to the city on Thursday. P Velarasu, additional commissioner , BMC told mid-day, “They (CBI) are informed of the procedure. A deputy collector is designated to give exemptions. Once she gets the exemption request, the BMC will decide.” He added that officers on important government work will be exempted from quarantine.