SC paves way for CBI probe into "unnatural death" of Sushant Rajput, says "impartial investigations" need of the hour amid Bihar, Maharashtra acrimony

But the Shiv Sena-led coalition government that included the NCP and the Congress opposed the CBI probe, saying the Mumbai police was competent enough to carry out the investigations. In a statement, Chakraborty's lawyer Satish Maneshinde said, “Truth will remain the same whichever agency investigates the case” while Rajput's family lawyer Vikas Singh said the verdict has given impetus to their "quest for justice".

Giving a quietus to the political and jurisdictional row over investigations into the "unnatural death" of actor Sushant Singh Rajput, the Supreme Court on Wednesday paved the way for a CBI probe into the FIR against actress Rhea Chakraborty, holding that a fair, competent and impartial investigation is the "need of the hour". The top court accorded its approval to the ongoing CBI probe after noting both Bihar and Maharashtra are "making acrimonious allegations of political interference against each other" due to which the legitimacy of their investigations has come under a cloud and there is a reasonable apprehension of "truth being a casualty and justice becoming a victim". "The ongoing investigation by the CBI is held to be lawful." "When truth meets sunshine, justice will not prevail on the living alone but after Life's fitful fever, now the departed will also sleep well. Satyameva Jayate(Truth alone triumphs)," a bench headed by Justice Hrishikesh Roy said in a 35-page verdict delivered on a plea by 28-year-old Chakraborty, who was Rajput's live-in partner. She had sought transfer of the FIR filed against her at Patna to Mumbai.

The FIR was filed by the Bihar police on a complaint by Rajput's father K K Singh, who has accused Chakraborty and six others including her parents and brother of abetting the suicide of the actor. Rajput, 34, was found hanging from the ceiling of his apartment in suburban Bandra in Mumbai on June 14 and Mumbai Police has been probing the case after registering only an accidental death report. The Rajput death case has been marked by high-decibel political statements for and against the CBI probe and also jurisdictional tussle between the Bihar Police and Mumbai police after the FIR was lodged on July 25. A Bihar police team had also visited Mumbai.

Upholding the transfer of the FIR to the CBI, the top court held that the Bihar Police had not committed any illegality in lodging the case at Patna. The Centre had given its nod for a probe by the Central Bureau of Investigation(CBI) following a recommendation by the JD(U)-BJP government in Bihar. But the Shiv Sena-led coalition government that included the NCP and the Congress opposed the CBI probe, saying the Mumbai police was competent enough to carry out the investigations.

In a statement, Chakraborty's lawyer Satish Maneshinde said, "Truth will remain the same whichever agency investigates the case" while Rajput's family lawyer Vikas Singh said the verdict has given impetus to their "quest for justice". It is a victory for the late actor's family and fans, Singh said. The CBI said it will visit Mumbai to further its investigations. The central agency, which had taken over the probe on August 6, is yet to visit Mumbai.

"The actor Sushant Singh Rajput was a talented actor in the Mumbai film world and died well before his full potential could be realised. His family, friends and admirers are keenly waiting the outcome of the investigation so that all the speculations floating around can be put to rest," the top court said. "Therefore, a fair, competent and impartial investigation is the need of the hour. The expected outcome then would be, a measure of justice for the complainant, who lost his only son." The bench said for Chakraborty too, it would be the desired justice as she herself called for a CBI investigation.

"The dissemination of the real facts through unbiased investigation would certainly result in justice for the innocents, who might be the target of vilification campaign," it said. The top court said considering the apprehension voiced by stakeholders of "unfair investigation" it must strive to ensure that search for the truth is undertaken by an independent agency, not controlled by either of the two state governments.

"Most importantly, the credibility of the investigation and the investigating authority, must be protected." The bench also held that in the event a new case related to Rajput's death is filed in Mumbai, the investigation into that case will also be probed by the CBI "on the strength" of the court's enabling order without the agency having to get consent from the state of Maharashtra. It said that inquiry conducted under Section 174 of CrPC, which deals with inquiry to find out apparent cause of unnatural death, by Mumbai Police is "limited for a definite purpose but is not an investigation of a crime under section 157 of the CrPC." When integrity and credibility of investigation is discernible, the trust, faith and confidence of common man in judicial process will resonate, it said while invoking the plenary power under Article 142 of the Constitution.

"In such backdrop, to ensure public confidence in the investigation and to do complete justice in the matter, this court considers it appropriate to invoke the powers conferred by Article 142 of the Constitution. As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of plenary power in the present matter." Observing that "accusing fingers" are being pointed and people have taken the liberty to put out their "own conjectures and theories", it further said, "such comments, responsible or otherwise, have led to speculative public discourse which have hogged media limelight. These developments unfortunately have the propensity to delay and misdirect the investigation." Hailing the verdict, the BJP and its allies expressed confidence the CBI will bring out the truth with Law Minister Ravi Shankar Prasad lauding it as a triumph of "justice". The ruling alliance leaders also accused the Maharasthra government of trying to stall the investigations, prompting opposition parties to defend the Mumbai Police and allege that the Nitish Kumar-led Bihar government is trying to take political advantage of the issue in view of the upcoming assembly polls.

Senior BJP leader and former Maharashtra chief minister Devendra Fadnavis said the Sena-led government needs to introspect on the way it handled the case. Congress spokesperson Shaktisinh Gohil said the CBI should now carry out a proper probe, alleging that justice will not be delivered by the BJP-JD(U) government in Bihar where its leaders are making statements for "political gains".

Maharashtra Home Minister Anil Deshmukh said he will comment only after studying the apex court's order while Shiv Sena leader Sanjay Raut said the Mumbai Police had probed the case "in all fairness". "Nobody is above law," said Raut, a Rajya Sabha MP.

Asked if the verdict was a setback to the Maharashtra government, Raut said, "Such things do happen in legal battles." In Bihar, leaders cutting across party lines welcomed the verdict with JD(U) chief and Chief Minister Nitish Kumar saying it vindicated the state government's lawful action which had nothing to do with politics or elections. Chakraborty had told the apex court she should not be made "scapegoat of political agendas", and alleged that Chief Minister Kumar is "reported to be responsible for registration of FIR in Patna" against her. She also alleged that the case is being "blown out of proportion in the media" in the wake of the upcoming Bihar polls.

The court further said records of case produced before it, "does not prima facie suggest any wrong doing 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 bona fide of their inquiry.