Hindustan Times ST (Mumbai)

No clarity on transfer of Rajput case to CBI, says state after SC hearing ›

STANCE SC asks Maha to file a status report within next three days

- Surendra P Gangan surendra.gangan@htlive.com HT FILE

The Apex Court will decide the legality of the transfer of the case to CBI on recommenda­tion of the Bihar government. Patna police has neither jurisdicti­on to register the complaint nor to investigat­e it. SACHIN PATIL, standing counsel for Maharashtr­a government

MUMBAI:THE state government on Wednesday said there is no clear order from the Supreme Court (SC) to transfer the investigat­ion into the death of actor Sushant Singh Rajput to the Central Bureau of Investigat­ion (CBI). The state expects the case to remain with Mumbai Police and plans to question Patna Police’s jurisdicti­on over the case as Rajput died in Mumbai on June 14.

On Wednesday, while hearing a petition filed by actor Rhea Chakrabort­y regarding a first informatio­n report (FIR) filed in Patna that accuses her of abetting Rajput’s suicide, SC asked the Maharashtr­a government to file a status report on the investigat­ion into Rajput’s death within the next three days. Solicitor general Tushar Mehta told SC that the Centre had accepted the Bihar government’s recommenda­tion and transferre­d the case to CBI.

However, the Maharashtr­a government said the case remains with Mumbai Police. Advocate Sachin Patil, standing counsel for Maharashtr­a government in SC, said, “The SC will decide the legality of the transfer of the case to CBI on the recommenda­tion of the Bihar government. Patna police has neither jurisdicti­on to register the complaint nor to investigat­e it.”

Sanjay Kumar, state chief secretary, said, “All parties have been asked to file their say and we will file it in due course. Our argument will depend on the situation on that day and what is allowed by the Apex Court. I am not aware if the notificati­on related to the transfer of the case has been issued by the Centre.”

An official from the state home department said, “The case registered by Patna Police has been transferre­d, not the one Mumbai Police is investigat­ing. We will continue to investigat­e our case.”

Another official from the department said, “Maharashtr­a government appeared in court through caveat in the petition filed by Rhea Chakrobort­y. We will present the current status of the case, claiming how the investigat­ion is moving in the right direction; has recorded statements of 56 persons; and that there is no need to transfer the case. We have been saying this from day one. Secondly, as per the provisions in the Code of Criminal Procedure and a notificati­on issued by the ministry of home affairs in 2013, the FIR should be registered at the place where the offence took place. Patna police registerin­g the case and investigat­ing it is bad in law and this will be argued in court.”

According to the officials from the home department, SC is expected to take cognizance of the transfer of the case in the next hearing.

“Due procedure has not been followed while transferri­ng the case to CBI. Even if CBI takes over in the FIR already filed, the case will still have to be transferre­d to Mumbai,” said a home department official.

 ??  ?? Sushant Singh Rajput.
Sushant Singh Rajput.

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