Case BriefsSupreme Court

“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.”

Supreme Court: A single judge bench of Hrishikesh Roy, J has held the ongoing investigation by the CBI to be lawful and further directed that 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. Such enabling order will make it possible for the CBI to investigate the new case, avoiding the rigors of Section 6 of the DSPE Act, requiring consent from the State of Maharashtra.

BACKGROUND OF THE CASE

The order came on Rhea Chakraborty’s plea seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra. Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities. Bihar Police had, however, recommended for a CBI probe into death case of actor and the Centre has accepted the same.

DETAILED ANALYSIS OF THE JUDGMENT

TRANSFER POWER UNDER SECTION 406 CRPC

The scope of exercise of this power is for securing the ends of justice. The precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court believed that the trial may be prejudiced and fair and impartial proceedings cannot be carried on, if the trial continues. The Court held that only cases and appeals (not investigation) can be transferred.

SCOPE OF SECTION 174 CRPC PROCEEDING AND MUMBAI POLICE’s EXERCISE OF POWER THEREOF

The Court noticed that the proceeding under Section 174 CrPC is limited to the inquiry carried out by the police to find out the apparent cause of unnatural death. These are not in the nature of investigation, undertaken after filing of FIR under Section 154 CrPC.

It further said that the Mumbai Police has attempted to stretch the purview of Section 174 without drawing up any FIR and therefore, as it appears, no investigation pursuant to commission of a cognizable offence is being carried out by the Mumbai police. They are yet to register a FIR. Nor they have made a suitable determination, in terms of Section 175(2) CrPC. Hence,

“The inquiry conducted under Section 174 CrPC by the Mumbai police is limited for a definite purpose but is not an investigation of a crime under Section 157 of the CrPC.”

JURISDICTION OF PATNA POLICE TO REGISTER COMPLAINT

The Court held that the 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 the Bihar Police appears to be in order.

“Registration of FIR is mandated when information on cognizable offence is received by the police and at the stage of investigation, it cannot be said that the concerned police station does not have territorial jurisdiction to investigate the case.”

Moreover, the allegation relating to criminal breach of trust and misappropriation of money which were to be eventually accounted for in Patna (where the Complainant resides), could prima facie indicate the lawful jurisdiction of the Patna police.

It has hence, been held that 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.

INVESTIGATION ENTRUSTMENT TO CBI

“While the CBI cannot conduct any investigation without the consent of the concerned state as mandated under section 6, the powers of the Constitutional Courts are not fettered by the statutory restriction of the DSPE Act.”

The Court noticed that the FIR at Patna was transferred to the CBI with consent of the Bihar government during pendency of this Transfer Petition. However, in future, if commission of cognizable offence under section 175(2) CrPC is determined, the possibility of parallel investigation by the Mumbai Police cannot be ruled out. Section 6 of the DSPE Act, 1946 read with Section 5 prescribe the requirement of consent from the State government, before entrustment of investigation to the CBI.

“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.”

The Court was hence of the opinion that a decision by this Court on the point would confer legitimacy to the investigation.

“… for the innocents, who might be the target of vilification campaign. Equally importantly, when integrity and credibility of the investigation is discernible, the trust, faith and confidence of the common man in the judicial process will resonate.”

COURT’S DIRECTION ON INVESTIGATION

Noticing that as because both states are making acrimonious allegations of political interference against each other, the Court said that the legitimacy of the investigation has come under a cloud. Accusing fingers are being pointed and people have taken the liberty to put out their own conjectures and theories.

“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.”

The Court was, hence, of the opinion that to ensure public confidence in the investigation and to do complete justice in the matter, it is appropriate to invoke the powers conferred by Article 142 of the Constitution.

It further noticed that while the steps taken by the Mumbai police in the limited inquiry under Section 174 CrPC may not be faulted on the material available before this Court, considering the apprehension voiced by the stakeholders of unfair investigation, this Court must strive to ensure that search for the truth is undertaken by an independent agency, not controlled by either of the two state governments. Most importantly, the credibility of the investigation and the investigating authority, must be protected.

The Court, hence, noted that a fair, competent and impartial investigation is the need of the hour. The expected outcome then would be, a measure of justice for the Complainant, who lost his only son. For the petitioner too, it will be the desired justice as she herself called for a CBI investigation. The dissemination of the real facts through unbiased investigation would certainly result in justice.

[Rhea Chakraborty v. State of Bihar, 2020 SCC OnLine SC 654, decided on 19.08.2020]

Hot Off The PressNews

Supreme Court: A single judge bench of Hrishikesh Roy, J has reserved verdict actor Rhea Chakraborty’s plea seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. The Court has, in the meantime, asked the parties to submit written submissions by Thursday i.e. August 13, 2020.

Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra. Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities.

Earlier, Senior Advocate Vikas Singh, appearing for Sushant Singh Rajput’s father, submitted that

“the Complainant is apprehensive about misdirection of the investigation by the Mumbai Police and, therefore, the Bihar Police Authorities should be permitted to carry on their investigation into the suspicious circumstances on the death of the son of the Complainant.”

Solicitor General Tushar Mehta also informed the Court that Centre has accepted Bihar government’s recommendation for CBI probe into death case of actor. the Bihar Police

State of Maharashtra on the other hand, argued that Patna police has no jurisdiction to either lodge an FIR or investigate it and this has been made a political case. Senior advocate R. Basant submitted,

“the Bandra Police Authorities are conducting a professional investigation and he be given time to place on record the stage and nature of the investigation, conducted so far.”

Senior Advocate Shyam Devan, appearing for Chakraborty, argued that the case is registered at the instance of the deceased actor’s father by the Patna Police Authorities, without any jurisdiction.


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Hot Off The PressNews

Supreme Court:  A bench headed by SA Bobde, CJ dismissed a public interest litigation (PIL) seeking a probe by the Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) into the death of actor Sushant Singh Rajput.

“Who are you. You are a total stranger who is unnecessarily interfering in the case. The victim’s father is pursuing the case. We are dismissing your petition. Dismissed,”

The Supreme Court was hearing a petition filed by law student DD Dubey seeking a CBI or NIA probe into the death of the actor.

Solicitor General Tushar Mehta, the senior law officer of the Central government, submitted before the Supreme Court that the FIR registered in Patna in the case has already been transferred to the CBI for investigation.

CJI asked the petitioner,

“We are told CBI has filed an FIR. What is the locus standi of yours (petitioner), in the matter,”

Advocate Subhash Jha, appearing for the petitioner, had sought a CBI probe into the death case, to which the bench said, “don’t argue like this and make absurd statements”.

Bihar Chief Minister Nitish Kumar had earlier sent a recommendation to the Central government for CBI investigation in the case filed in Patna based on the complaint of Sushant’s father KK Singh against actor Rhea Chakraborty under sections including abetment of suicide on July 25.

Bollywood actor Rhea Chakraborty has also filed plea before Supreme Court  seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra.

Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities.

A single judge bench of Hrishikesh Roy, J has directed Mumbai Police to to file status report on probe conducted so far in Bollywood actor Sushant Singh Rajput death case. Asking the parties to file reply within 3 days, the Court has said that it would hear the matter next week. Read more

(Source: ANI)


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Case BriefsSupreme Court

Supreme Court: A single judge bench of Hrishikesh Roy, J has directed Mumbai Police to to file status report on probe conducted so far in Bollywood actor Sushant Singh Rajput death case. Asking the parties to file reply within 3 days, the Court has said that it would hear the matter next week.

The Court is hearing Bollywood actor Rhea Chakraborty’s plea seeking the transfer of an FIR, from Patna to Mumbai, accusing her of abetting in Sushant Singh Rajput’s alleged suicide on June 14, 2020. Chakraborty, who was reportedly Sushant Singh’s girlfriend at the time of his death, has challenged Bihar police’s jurisdiction in the matter, given that the alleged crime took place in Maharashtra.

Apprehending that all facets of the death of the his son will not be investigated properly by the Mumbai police, Krishna Kishore Singh has filed the above FIR on 25.07.2020, which led to registration of the case by Rajeev Nagar Police Sation, Patna. Several allegations are leveled against Chakraborty in connection with the suicidal death of the Actor and, therefore, she has filed this Petition for transfer of the proceedings from the Bihar Police to the Mumbai Police Authorities.

Senior Advocate Vikas Singh, appearing for Sushant Singh Rajput’s father, submitted that

“the Complainant is apprehensive about misdirection of the investigation by the Mumbai Police and, therefore, the Bihar Police Authorities should be permitted to carry on their investigation into the suspicious circumstances on the death of the son of the Complainant.”

Solicitor General Tushar Mehta also informed the Court that Centre has accepted Bihar government’s recommendation for CBI probe into death case of actor. the Bihar Police

State of Maharashtra on the other hand, argued that Patna police has no jurisdiction to either lodge an FIR or investigate it and this has been made a political case. Senior advocate R. Basant submitted,

“the Bandra Police Authorities are conducting a professional investigation and he be given time to place on record the stage and nature of the investigation, conducted so far.”

Senior Advocate Shyam Devan, appearing for Chakraborty, argued that the case is registered at the instance of the deceased actor’s father by the Patna Police Authorities, without any
jurisdiction.

Observing that truth should come out so far as actor’s death is concerned, the Court placed the matter for hearing next week.

” three days time is granted to all parties to place on record their respective stand in the matter. The State of Maharashtra should apprise the Court on the stage of investigation by the Mumbai Police by the next date.”

[Rhea Chakraborty v. State of Bihar, 2020 SCC OnLine SC 625 , order dated 05.08.2020]


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Case BriefsHigh Courts

Patna High Court: The Bench of Madhuresh Prasad, J. allowed a civil writ petition filed by a constable who was dismissed from his service without pointing out infirmity in his appointment and also without affording him a hearing in the matter.

Petitioner herein was dismissed from his service as a constable in the Bihar Police, pursuant to scrutiny by the Director General of Police and Inspector General of various appointments made earlier. It was found that the appointment of the petitioner along with others was illegally made in an irregular manner. The instant petition was filed assailing the said order of dismissal.

Respondent’s objection was that the petition, having been filed ten years after petitioner’s dismissal, was barred by delay and laches. Counsel for the petitioner Mr Radha Mohan Pandey submitted that the order of dismissal was without any show cause or opportunity and without holding a regular enquiry or departmental proceeding against the petitioner, even though he had worked in the police force as a confirmed employee on the post of constable for about 12 years.

The Court opined that petitioner’s dismissal was done at the dictate of a higher authority on the basis of a perception that in the period when he was appointed under the special circumstances, all constables were appointed irregularly. This order did not show as to what was the infirmity in his appointment. Also, the said order was passed without affording any opportunity of hearing to him. As such, the dismissal order was unsustainable in law.

With regards to the objection of delay, the Court noted that petitioner had filed an appeal against dismissal order in the year 2014, and pursuant to dismissal thereof the present petition was filed in the year 2016.

In view of the above, the order dismissing petitioner from service was quashed and he was directed to be reinstated.[Shambhu Nath Tiwary v. State of Bihar,  2019 SCC OnLine Pat 394, Order dated 13-03-2019]