Although the SSR death case is coming up in the Supreme Court tomorrow, the positions on record documents have been filed in the Supreme Court of India by all parties as ordered on 5 August.
A perusal of the positions of Mumbai and Bihar police forces is of interest to understand what can transpire tomorrow in the court of Justice Hrishikesh Roy.
|Documents filed on behalf of
|All initial statements made by the family of Sushant Singh Rajput (SSR) in relation to his death on 14 June, recorded by the police indicated no suspicion on the cause of death other than suicide
|Later statements made by the family of SSR before the Bihar police, alleging things othern than suicide as cause of death – reveal that they are “tainted” and “after-thoughts.”
|Probe by Bihar police as “legally unsustainable“
|“two simultaneous agencies” (Mumbai Police and Bihar Police) cannot investigate the same incident as it would lead to conflicting results.
|“two simultaneous agencies” (Mumbai Police and Bihar Police) would lead to conflicting results.
|The CBI has shown “indecent haste” (in registering the FIR and constituting the SIT)
|The indecent haste of the CBI “speaks for itself regarding the bona fides of all involved in this exercise.”
|The CBI “ought to have waited for the final decision in the transfer petition pending in Supreme Court,”
|It (Mumbai Police) initially registered a case u/s 174 of the CrPC for the inquest into the death of SSR.
|Subsequently it also registered another case u/s 175 of the CrPC to determine the cause of death of SSR.
It (Mumbai Police) says the Bihar FIR alleges that:
1. SSR was kept confined in Mumbai and not allowed to visit his family in Patna;
2. The alleged financial fraud and/or theft took place in Mumbai
|When in both cases the cause of action is in Mumbai and SSR died in Mumbai, the FIR registered in Bihar does not have the validity it needs to proceed and makes Bihar Police investigation legally unsustainable.
|Bihar police has leaked details to the media jeopardizing the investigation being carried out by the Mumbai police.
|Mumbai police says Bihar police should have registered the FIR as a zero FIR and transferred it to Mumbai in accordance with the 2013 MHA rules.
|Rhea Chakraborty had the “sole intention to grab crores of rupees” from the deceased actor
|Rhea Chakraborty’s application seeking transfer of the FIR from Patna to Mumbai is not maintainable.
|It (Bihar Police) says Section 406 of the CrPC does not cover “transfer of investigation” between states. It only covers cases or proceedings on foot.
The object of section 406 Cr.P.C has never been to transfer investigation from one state to another state.”
|Rhea Chakraborty has failed to show bias against her (in Bihar or by Bihar police) except for the alleging the “influence of the informant of the case”.
|Investigation by the Mumbai Police u/s 174 CrPC, has very limited scope and cannot be categorized under information relating to commission of cognizable offence within the meaning and import of Section 154 CrPC.
|Progress of Bihar Police investigation claims
|Without support from the Mumbai Police, the Bihar SIT has examined various witnesses and the bank account details of SSR as per the FIR particularly in relation to siphoning of money by the petitioner and other accused persons,”
The above mentioned documents were filed as per the orders of Justice Hrishikesh Roy on August 5.
The case is coming back in the apex court tomorrow for hearing the petition filed by Rhea Chakraborty to transfer the FIR registered against her in relation to the death of Sushant Singh Rajput from Patna to Mumbai.
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