Published 17:56 IST, August 11th 2020
Supreme Court reserves order on Rhea's plea; asks all parties to submit reply by Thursday
After hearing arguments of all participants in the case, the Supreme Court on Tuesday reserved its order in Bollywood actor Sushant Singh Rajput's death case
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After hearing the arguments of all participants in the case, the Supreme Court on Tuesday reserved its order in Bollywood actor Sushant Singh Rajput's death case. The apex court has directed all parties concerned to file a response by Thursday in Rhea Chakraborty's plea seeking transfer of FIR from Patna to Mumbai.
Arguments in SC
Rhea Chakraborty's counsel Shyam Divan informed the Supreme court that the government of Maharashtra had filed an affidavit through the Investigating Officer. Rhea's counsel told the Court that the IO said that 56 persons have had their statements recorded and that the investigation is going on in a free and fair manner. Further, advocate Shyam Diwan said that the details of the investigation have been shared with the SC in a sealed cover.
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Rhea Chakraborty's counsel told the SC that there can't be executive actions that nullify the Supreme Court’s jurisdiction and that the case could be transferred to the CBI if the Court ordered so and not on the recommendation of the government of Bihar.
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'Evidence being destroyed'
Arguing for Sushant Singh Rajput's family in the Supreme Court on Tuesday, senior advocate Vikas Singh submitted that Rhea Chakraborty who was in a relationship with Sushant 'distanced his family from him'. Singh claimed that till May Rhea had distanced Sushant's sisters from him but the actor and his father had visited their hometown together in May. After their visit, Sushant's father kept telling Rhea that he wanted to talk to his son but she did not respond, Vikas Singh said in the top court.
The senior advocate also went on to say that the Mumbai Police is not apprehending the real accused in the case and is heading in a 'completely different direction.' The family lawyer also claimed that evidence in the case is 'being destroyed' every day.
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'Nothing but politics'
On the other hand, appearing for the Maharashtra government senior advocate and Congress leader Abhishek Manu Singhvi contended that the Bihar government's interest in the case is derived from the impending state assembly elections due later this year. The senior advocate argued that the very basis of claiming jurisdiction by the Bihar government is not satisfied in this case. "This case is nothing but politics. In light of the impending elections in Bihar. Once elections are over, nobody would hear the case," said Singhvi in his submission to a single-judge bench of the apex court. He wondered whether the court has seen a State so desperately pursuing a case for prosecution? "I think not," he said.
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Appearing for the CBI, Solicitor General Tushar Mehta questioned the actions of the Mumbai Police and remarked that their actions were ‘bad in law.’ SG Tushar Mehta began his arguments in the Apex Court saying that the statements in Maharashtra affidavit are 'misleading'. "Misleading statements part of the Maharashtra affidavit. They say that the Mumbai police registered an accidental death report which is similar to an unnatural death report after which investigation commenced under Section 175 of the CrPC. Investigation can never commence under Section 175," he said. SG Tushar Mehta also asked if the actions were to ‘protect someone’, while adding that the recording of 56 persons in the case were ‘irrelevant’, and that the probe did not stand the ‘test of law.’
In its previous hearing, the Supreme Court had granted Maharashtra government three days' time to place all facts on record pertaining to its investigation in the case so far. The top court bench is hearing the petition filed by Rhea Chakraborty seeking stay on the probe by Bihar Police and CBI in the matter. Bollywood actor Sushant Singh Rajput was allegedly found hanging from his apartment on June 14 with no suicide note. The case has been handed over to the CBI after the Centre accepted Bihar Government's proposal and the central investigating agency has also filed an FIR in the matter.
16:59 IST, August 11th 2020