Published 12:58 IST, August 19th 2020

SC's Sushant case order ACCESSED; says "Mumbai Police obstruction could have been avoided"

The SC on Wednesday allowed the CBI to investigate the case into the death of actor Sushant Singh Rajput, filed by his family in Bihar. Read the full verdict:

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The Supreme Court on Wednesday allowed the CBI to investigate the case into the death of actor Sushant Singh Rajput, filed by his family in Bihar. In the judgment accessed by Republic Media Network, the Apex court said that there can be situations where a particular crime by virtue of its nature and ramification, is legally capable of being investigated by police from different states or even by other agencies.

The top court pointed out that Mumbai Police’s obstruction to the Bihar police team at Mumbai could have been avoided "since it gave rise to suspicion" on the bonafide of their inquiry. It added that the transfer of investigation to the CBI cannot be a routine occurrence but should be in exceptional circumstances.

All proceedings brought under CBI

"One factor which however is considered relevant for the induction of the Central Agency is to retain public confidence in the impartial working of the State agencies. It is not for the accused to choose the investigating agency," it observed.

The Supreme Court also said that the ongoing investigation by the CBI is held to be lawful. "In the event, a new case is registered at Mumbai on the same issue, in the fitness of things, it would be appropriate if the latter case too, gets investigated by the same agency, on the strength of this Court’s order. Such enabling order will make it possible for the CBI to investigate the new case, avoiding the rigours of Section 6 of the DSPE Act, requiring consent from the State of Maharashtra," it said.

"The actor Sushant Singh Rajput was a talented actor in the Mumbai film world and died well before his full potential could be realised. His family, friends and admirers are keenly awaiting the outcome of the investigation so that all the speculations floating around can be put to rest. Therefore 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," the verdict reads.

'Now the departed will also sleep well'

The Supreme Court said that for the petitioner (Rhea Chakraborty) 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 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. 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," the Supreme Court said.

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