JOIN USCBI acted in indecent haste, Bihar police had no jurisdiction to lodge FIR in Sushant Singh Rajput's case, Mumbai police tells SC
The Mumbai police on Saturday told the Supreme Court that the CBI ought not to have lodged an FIR in the case of death of actor Sushant Singh Rajput at the recommendation of the Bihar government as the cause of action has arisen solely and completely within its jurisdiction.
"The indecent haste with which the CBI has acted speaks for itself, regarding bona fides of all those involved in the matter," an affidavit filed by Bandra police Inspector stated.
It claimed that not a single legally permissible and sustainable ground existed either for registration of the FIR by the Bihar police on July 25 on a complaint by Rajput's father KK Singh and transfer of it to the CBI.
Maintaining that such transfers can't be at whims and fancies, the response by Mumbai police contended the recommendation by the Bihar government to transfer the probe to CBI "bristles with mala fide and is void ab initio".
The registration of the FIR initially by the Bihar police was politically motivated and due to extraneous reasons...An investigation by two state police in one incident would lead to a chaotic situation, it claimed.
The Mumbai police also maintained that it is only the state of Maharashtra, which is competent to give recommendation for CBI probe.
The response was filed to a plea by actor Rhea Chakraborty in the top court to transfer the Patna police FIR to Bandra police station in Mumbai.
"Even if it is assumed the CBI is entitled to register the case, it should have lodged a Zero FIR and transfer it to Bandra police station," it said.
It also contended the Mumbai police have conducted "fair, proper, professional and impartial investigation" by recording the statement of 56 people after lodging an accidental death report.
The affidavit further claimed that the action by the Bihar police in the case was totally malafide and violated the principles of federalism enshrined in the Constitution.
The Mumbai police further said the deceased actor's father KK Singh did not request it for registration of an FIR at any point of time. Statement recorded by him and other relatives demonstrated that none of them had any suspicion about the suicide committed by the actor and against anybody, it said.
Singh cannot and ought not to have approached the Bihar police for registration of the FIR for an entire incident that occurred in Mumbai. Such a practice ought to be deprecated as anybody would approach the state police of his choice and register FIR at the police station of his choice and this will lead to disastrous consequences, it said.
The Bihar police ought to have transferred the FIR to Bandra police station on their volition as they had no jurisdiction to lodge the case as offences were committed in Mumbai.
It denied the suggestion that quarantine of IPS officer Vinay Tiwari was aimed at obstructing the investigation by the Bihar police.