New Delhi: The Supreme Court said the obstructions for the Bihar Police team in Mumbai while investigating the Patna FIR registered by deceased actor Sushant Singh Rajput's father should have been avoided as it gave rise to suspicion on the bonafides of the Mumbai Police's inquiry.
The apex court has ordered a CBI probe into Sushant's mysterious death.
"In the instant case, the petitioner reposed confidence on Mumbai Police. The records of the case produced before this Court does not prima facie suggest any wrongdoing by the Mumbai Police. However, their obstruction to the Bihar Police team at Mumbai could have been avoided since it gave rise to suspicion on the bonafides of their inquiry", Justice Hrishikesh Roy said.
The top court noted that the Mumbai Police were conducting only a limited inquiry into the cause of unnatural death, under Section 174 CrPC and therefore, it cannot be said with certainty at this stage that they will not undertake an investigation on the other aspects of the unnatural death, by registering an FIR.
The Mumbai Police in an affidavit in the Supreme Court had denied that the quarantine of IPS officer Vinay Tiwari was aimed at obstructing the investigation by the Bihar Police in the case registered by Sushant's father in Patna.
Clarifying the quarantine of the Bihar Police officer, the Mumbai Police said, "In fact, such a step was taken by the Municipal Corporation for Greater Mumbai and not by police authorities."
The top court noted that uncertain about the future contingency in Mumbai, the father of the deceased has filed the complaint at Patna, levelling serious allegations against Rhea Chakraborty following which, the FIR was registered and the Bihar Police started their investigation.
"The case is now taken over by the CBI at the request of the Bihar government. The petitioner has no objection for investigation by the CBI but is sceptical about the bonafides of the steps taken by the Bihar government and the Patna Police," observed Justice Roy.
However, Justice Roy noted that the incidents referred to in the complaint do indicate that the Mumbai Police also possess the jurisdiction to undertake investigation.
"Therefore, in the event of a case being registered also at Mumbai, the consent for the investigation by the CBI under Section 6 of the DSPE Act can be competently given by Maharashtra government", noted the top court.
The top court's order has come on the petition filed by Sushant's girlfriend Rhea Chakraborty seeking transfer of the case from Patna to Mumbai.
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