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Friday, April 16, 2021

Sushant Singh Rajput death: Reasons why Supreme Court paved the way for CBI probe

On Tuesday morning, the Supreme Court ordered a CBI probe into the death of late Bollywood actor Sushant Singh Rajput. The apex court asked the Mumbai Police to hand over all evidence collected so far in the case to the CBI (Central Bureau of Investigation). For the unversed, Sushant died by suicide on June 14 at his residence in Mumbai.

Now with the latest SC order, let’s take a look at the factors that played a vital role in the court’s decision in the favour of CBI probe.

Maharashtra police yet to fully investigate

The SC noted that Maharashtra police has only conducted a limited inquiry under Section 174 of the Code of Criminal Procedure (CrPC). According to that, police has the power to enquire into death by suicide and submit a report to the district magistrate. Supreme Court has now claimed that under Section 174, the matter cannot be equated to a full-fledged investigation. In fact, the Mumbai Police have not yet registered an FIR or started investigation into the incident.

Jurisdiction to register FIR lies with Patna Police

While Sushant Singh Rajput’s girlfriend Rhea Chakraborty had argued that Bihar police does not have jurisdiction to deal with the matter and register an FIR, the Court in its statement said, “Precedents suggest that 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 Court added, “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.”

Need for an independent body amid conflict between states

“Because both states are making acrimonious allegations of political interference against each other, the legitimacy of the investigation has come under a cloud. This Court (Supreme 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,” the court’s judgement pointed out.

Justice for Sushant Singh Rajput and his family

According to the Court, Sushant Singh Rajput’s untimely death is a cause of worry for everyone. He was a talented actor and could have done more wonders in the film industry. “His family, friends and admirers are keenly waiting 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 court said. The judgement added that an impartial probe will help Sushant Singh Rajput’s family and Rhea, who had called for CBI investigation herself, get justice.

Article 142 invoked by Supreme Court

As per Article 142 of the Constitution, Supreme Court has the power to pass an order for doing complete justice in the matter before it. Now with Article 142 being revoked, the court will ensure public confidence in the investigation and to do complete justice in the matter.

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