Dhananjay Mahapatra (THE TIMES OF INDIA; August 19, 2020)

The Supreme Court will pronounce its verdict on Wednesday whether CBI should investigate the mysterious death by suicide of actor Sushant Singh Rajput two months ago.

Justice Hrishikesh Roy will give the verdict on a petition filed by Rajput’s friend and actor Rhea Chakraborty, who had sought transfer of the FIR lodged by Rajput’s father in Patna to Mumbai, where the actor was found dead.

The Bihar government had referred the Patna FIR to the CBI, leading the Centre to ask the probe agency to take up the case. However, Maharashtra government had opposed the Centre’s decision to hand the case over to CBI and said that the Patna FIR should be transferred to Mumbai police in whose jurisdiction the incident happened. Mumbai police are yet to register an FIR and have continued their inquiry under an accidental death report.

Before concluding the hearing on August 14, Justice Roy recorded that Chakraborty was not opposed to a CBI probe. “You may be correct in saying that you have been a victim of media focus on the case but your stand is that if CBI probe is ordered into the incident, you have no objection,” he had said.

That day saw counsel for Bihar government and Rajput’s father K K Singh on one side, trading charges with their counterparts representing Maharashtra and Chakraborty on the other. Entering the fray, solicitor general Tushar Mehta told the apex court that it was a fit case for CBI probe as Mumbai police had not filed an FIR and declared that it was a case of suicide.

“We do not know what is the role of Chakraborty in the case — witness, accused, complainant or nobody? Yet, she moves an application in the SC, seeking transfer of the FIR to Mumbai. What is her interest in seeking transfer when she should be interested only in a fair probe, irrespective of the agency which investigates the case,” Mehta had said.

There can be two possible outcomes of the verdict. One, the court may allow CBI probe, in which case Mumbai police will have to abort its investigation. In this scenario, the CBI will take the FIR lodged by Rajput’s father in Patna too into account while taking over the case material collected so far by Mumbai police. The SC, if it orders a CBI probe, will decide which court — the one in Patna or Mumbai — will have jurisdiction over the FIR and consequent investigation.

Conversely, CBI might find it difficult to engage with the investigation in case the apex court allows Chakraborty’s plea for transfer of the Patna FIR to Mumbai police because the suicide took place in Mumbai and most witnesses and people related to Rajput are linked to Bollywood and are located in the metropolis.