Published 16:34 IST, August 13th 2020
Sushant's family submits four page response to SC, highlights Mumbai police's negligence
Represented by advocate Vikas Singh, Sushant Singh Rajput's family has also submitted that Mumbai police was not investigating the matter properly
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Complying with the Supreme Court's directive in the petition filed by Rhea Chakraborty seeking transfer of the case from Bihar to Mumbai police, Bollywood actor Sushant Singh Rajput's family filed its response to the top court on Thursday. The family has cited previous judgments, in its response, to further its case of maintaining Bihar Police's jurisdiction to probe the case. Represented by advocate Vikas Singh, the family has also submitted that Mumbai police was not investigating the matter properly and were continuing with inquest proceedings indefinitely. The response also contends that the information provided to Mumbai Police on February 25 regarding a threat to Sushant's life should have been acted upon and not just dismissed.
Sushant's family highlights the Mumbai Police's negligence
"The Mumbai Police instead of investigating prior messages sent by the deceased’s family on Whatsapp on 19.02.2020 and 25.02.2020, has taken a stand that no written complaint was registered and thus no action whatsoever was taken in that regard by the Mumbai Police. Such inexplicable explanation is contrary to Section 154 (1) of CrPC which clearly states that any information (even if given orally) of cognizable offence ought to be considered for registration of FIR as held in Parkash Singh Badal vs. State of Punjab and Anr (2007) 1 SCC 1 (Para 66 to 68)" Sushant's father submitted to the court.
"The complainant was firm of the view that the Mumbai police was not investigating the matter properly and were continuing with inquest proceedings indefinitely when clearly under S.174 CrPC the inquest report has to be prepared forthwith basically to determine the cause of the death and as to whether there were any suspicious circumstances surrounding the said cause or not," it added.
"The case of criminal breach of trust is also made out against the accused persons, under which the money misappropriated by the accused persons would have to be accounted for in Patna as the complainant is the only legal heir of the deceased," it said.
Furthermore, the respondent - Sushant's father has also highlighted that Rhea Chakraborty had herself asked for a CBI inquiry and had reiterated that she had no objection if the transfer of the investigation was done by the Supreme Court.
Bihar govt submits its response
Earlier in the day, the state of Bihar via its counsel Keshav Mohan chalked out the chronology of events starting from Sushant's death to CBI's FIR registration against Rhea Chakraborty and others earlier last week, in its response to the apex court.
Bihar Government substantiated with due examples of previous cases that the investigation conducted by Mumbai Police under section 174 and 175 of the CrPC was effective only until the cause of death of the actor is ascertained. They have claimed that the said investigation ended with the final post mortem report which was released on June 25. Thereafter, the non-registration of FIR in Mumbai has been termed as "contrary to law" and that this "inexplicable" act makes the interrogation of the 56 persons from the film industry 'ex-facie' -- without any jurisdiction.
On Tuesday, the Supreme Court reserved its verdict on actress Rhea Chakraborty's plea for the transfer of Patna FIR in Sushant Singh Rajput death case to Mumbai. The apex court had directed all parties concerned in the case to file a response by Thursday. Meanwhile, ED continues the investigate the financial aspects of the FIR lodged by Sushant's father KK Singh on July 25 at Patna against Rhea Chakraborty and several others accusing them of cheating and conspiracy along with abetment of his son's suicide.
16:34 IST, August 13th 2020