Bihar police FIR politically motivated: Mumbai police tell SC in Sushant case

Opposing a CBI probe in the Sushant Singh Rajput death case, the Mumbai police told the Supreme Court on Saturday (Aug 8) that it was carrying out an impartial investigation in the matter and alleged that that the registration of an FIR by Bihar Police was “politically motivated” and violated the principle of federalism.

In an affidavit filed before the top court in response to a petition by Rhea Chakraborty seeking transfer of an FIR, lodged against her by the Bihar police on a complaint by Rajput’s father, to Mumbai, the Mumbai police said the CBI should have waited for the apex court decision in the matter before registering the case.

Rajput’s father Krishna Kishore Singh, who has accused Chakraborty and her family of abetting the actor’s suicide, too filed a reply affidavit before the apex court in which he defended the Bihar Police action and accused the Mumbai police of negligence.

He contended that Chakraborty’s plea was infructuous as the CBI had taken over the case.

The 34-year-old Bollywood actor was found hanging from the ceiling of his apartment in suburban Bandra in Mumbai on June 14.

The affidavit filed by police inspector posted at Bandra Police Station said that Bihar Police did not have the jurisdiction to investigate the FIR or examine witnesses. He also said that the question of cooperation by the Mumbai Police into the simultaneous inquiry by the Bihar Police did not arise.

It alleged that that the registration of FIR in Patna by Bihar Police was “politically motivated and violated the principles of federalism enshrined in the Constitution”.

The Mumbai police said that the Bihar police could only have registered a Zero FIR (crime not falling in its jurisdiction) and sent it to Mumbai and did not have the legal authority to transfer it to the CBI.

“Pending the present proceedings, the CBI ought not have gone ahead and registered the case with it, as also constituted a team for conducting the investigation therein. It ought to have awaited the final decision of the present proceedings at the hands of the Supreme Court,” the Mumbai police said.

It said that the indecent haste with which the CBI has proceeded in this regard speaks for itself, regarding the bonafides of all involved in this exercise.

The police also denied that quarantining of IPS officer Vinay Tiwary was aimed at obstructing the investigation by the Bihar Police. The protocols for passengers arriving at Mumbai airport issued by the Government of Maharashtra require that domestic passengers who arrive at Mumbai airport, are required to undergo 14 days home quarantine, the only exception being that domestic passengers who intend to exit Mumbai within seven days of arrival, provided they are able to produce confirmed ticket for onward/return journey, it said.

The police said that an investigation by two different state police into the same incident, which has occurred within one state, will lead to a chaotic situation as the investigation of one state police may interfere with the investigation of another state police.

Earlier in the day, Rajput’s father while opposing the plea of Chakraborty, said Mumbai Police has not filed any case after the death of his son and did not allow the Patna Police to investigate by quarantining their senior officers.

The top court had on August 5 sought responses from Bihar, Maharashtra and the father of the late actor, on Chakraborty’s plea.

Singh reminded Rhea Chakraborty, the live-in partner of his late son, that she had once tweeted urging Union Home Minister Amit Shah to order a CBI probe in the case.

Rhea had requested the Home Minister for a CBI inquiry and now since the Bihar government has entrusted the aforesaid FIR to the CBI and Union of India has accepted the said request , the Petitioner (Rhea) should not have any grievance in this regard, said the affidavit also filed through lawyer Nitin Saluja.

Singh also came down heavily on the Maharashtra government for attacking him by alleging that the present case was a political attempt to thwart their powers and undermine the federal structure of the Constitution.

On July 25, Rajput’s father had lodged the complaint at Rajiv Nagar police station in Patna against Rhea Chakraborty and six others, including her family members, accusing them of abetting the actor’s suicide.

In her plea filed in the apex court, Chakraborty has alleged that Rajput’s father has used his influence in roping her in the FIR. Bihar government on Thursday ruled out this allegation before the top court and said Chakraborty did not have any proof to support her statements of ‘bias against her’ beyond “general and bald allegations.”

Senior advocate and Congress leader Abhishek Manu Singhvi will represent Maharashtra government when the hearing resumes next week.