The Supreme Court on 19 August 2020, upheld the Bihar government’s order to transfer probe in the Sushant Singh Rajput case to CBI.
In a judgement passed by a Single Judge Bench of Justice Hrishikesh Roy, the Hon’ble Supreme Court has held that the CBI’s probe into the FIR lodged against Actress Rhea Chraborty in connection with Actor Sushant Singh Rajput’s death is lawful. The Court further directed the Mumbai Police to hand over all the evidences in the case to the CBI and provide necessary assistance.
The order was passed by the Court while dismissing Actress Rhea Chraborty’s plea for transfer of investigation from Patna to Mumbai. One of the issues in this case was whether the Supreme Court has power to transfer investigation under Section 406 of the Criminal Procedure Code, 1973. The Supreme Court has observed that investigations can not be transferred by invoking powers under Section 406 of the Code.
Rhea Chraborty had also pleaded for stay on probe by Bihar police till the disposal of her plea in the Apex Court. In an additional affidavit filed before the Apex Court, it was stated "Extreme trauma and infringement of privacy of the rights of the petitioner is caused due to constant sensationalisation of this case".
The Hon’ble Court reserved order after hearing the petitioner, Bihar government, Maharashtra government, CBI and Sushant Singh Rajput’ father on August 11.
When CBI took over the probe from Bihar Police and registered FIR in the case, the Centre moved the Supreme Court to be made a party to the litigation.
Solicitor General Tushar Mehta had said that the investigation could be transferred to CBI as there was no investigation pending in Maharashtra or Bihar, adding that Maharashtra Police had not even filed an FIR. he stated, "Both Maharashtra & Bihar have made the perfect case for transfer to CBI".
Senior Advocate Vikas Singh who appeared for Sushant Singh's kin had also urged the top court to hand over the case of the late actors' death to CBI.