Published 15:09 IST, August 11th 2020
'You asked for CBI; how & what comes later': Justice Roy to Rhea in SC's Sushant hearing
Justice Hrishikesh Roy in SC asked senior Advocate Shyam Divan appearing for Rhea whether he wants the CBI to investigate in the matter related to SSR's death.
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In the Supreme Court hearing on Rhea Chakraborty's plea seeking to transfer the probe in a case against her in connection with the death of Sushant Singh Rajput from Patna to Mumbai, Justice Hrishikesh Roy asked senior Advocate Shyam Divan appearing for Rhea whether he wants the CBI to investigate in the matter or not? Divan replied by saying that he wants a "fair investigation by a fair investigation agency"
'You yourself have asked for CBI to come in'
Rhea's counsel argued that the matter should first go to Mumbai Police and only after that the CBI should be allowed to come into the picture. Justice Roy counted by saying, "You yourself have asked for CBI to come in. How they come in and what happens with it comes later." and observed, "so your stand becomes that the CBI should come in."
Divan said he stands by what he has stated and the procedure by which it should happen. He alleged that the Bihar government has tried to sidestep the jurisdiction in this case. Meanwhile, Abhishek Manu appearing for Maharashtra repeated his request to hear those counsel first who are opposing Bihar’s jurisdiction. The Bench declines Singhvi’s request and asked the Bihar counsel to begin arguments.
'The case has become a hot potato'
Earlier, 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.
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.
He claimed that the case has become a 'hot potato'. Rhea's counsel said that she was entitled to fair investigation machinery and that 'considering the huge political repercussions, the request for transfer to Mumbai police should be allowed'. Advocate Shyam Divan also said that it was the first time a CM of a state had to intervene to ask an FIR to be lodged.
On August 5, the Apex Court had refused to transfer the FIR and stay on the investigation against the Bollywood actor, stating that allegations levelled against her were “serious in nature”. The court had directed all parties to file their replies within 3 days and directed Mumbai Police to submit an update on the investigation done in the late actor’s death.
15:09 IST, August 11th 2020