Supreme Court Denied Transfer of Sushant Singh Case from Bihar to Mumbai and Entrusted CBI

SUMMARY OF CASE RHEA CHAKRABORTY V. STATE OF BIHAR & ORS.

 

Case Title: Rhea Chakraborty v. State of Bihar & Others

Case No.: Transfer Petition (Crl.) No.225 of 2020 (Reportable)

Corum: HRISHIKESH ROY, J.

Petitioner: Rhea Chakraborty

Respondents:

1.       THE STATE OF BIHAR THROUGH SHO RAJEEV NAGAR P.S.

2.       KRISHNA KISHORE SINGH

3.       THE STATE OF MAHARASHTRA THROUGH SHO BANDRA P.S.

4.       UNION OF INDIA THR. SECRETARY

Advocates Appeared for Parties:

Mr. Shyam Divan, learned Senior Counsel for Petitioner;

Mr. Maninder Singh, learned Senior Counsel for Respondent No.1

Mr. Vikas Singh, learned Senior Counsel for Respondent No.2

Dr. A.M. Singhvi and Mr. R. Basant, learned Senior Counsel for Respondent No.3

Mr. Tushar Mehta, learned Solicitor General of India, learned Senior Counsel for Respondent No.4

In which matter this Transfer Petition was filed:

The matter relates to the unnatural death of the actor Sushant Singh Rajput on 14.6.2020, at his Bandra residence at Mumbai. The deceased resided within Bandra Police Station jurisdiction and there itself, the unnatural death under section 174 of the Criminal Procedure, 1973 was reported.

Prayer made in the Petition:

Transfer Petition is filed under section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX of the Supreme Court Rules, 2013 with prayer for transfer of the FIR registered at the Rajeev Nagar Police Station, Patna and all consequential proceedings, from the jurisdiction of the Additional Chief Judicial Magistrate III, Patna Sadar to the Additional Chief Metropolitan Magistrate, Bandra Mumbai.

Core Issues Consider by the Hon’ble Supreme Court:

(a) Whether this Court has power to transfer investigation (not case or appeal) under Section 406 of the CrPC;

(b) Whether the proceeding under Section 174 CrPC conducted by the Mumbai Police to inquire into the unnatural death, can be termed as an investigation;

(c) Whether it was within the jurisdiction of the Patna Police to register the FIR and commence investigation of the alleged incidents which took place in Mumbai? As a corollary, what is the status of the investigation by the CBI on the consent given by the Bihar government; and

(d) What is the scope of the power of a single judge exercising jurisdiction under section 406 of the CrPC and whether this Court can issue direction for doing complete justice, in exercise of plenary power.

JUDGEMENT

Transfer Power of The Supreme Court Under Section 406 CrPC:

“15. Section 406 CrPC empowers the Supreme Court to transfer cases and appeals. The scope of exercise of this power is for securing the ends of justice. The precedents suggest that transfer plea under Section 406 CrPC were granted in cases where the Court believed that the trial may be prejudiced and fair and impartial proceedings cannot be carried on, if the trial continues. However, transfer of investigation on the other hand was negated by this Court in the case of Ram Chander Singh Sagar and Anr. vs. State of Tamil Nadu, (1978) 2 SCC 35…

17. Having considered the contour of the power under section 406 CrPC, it must be concluded that only cases and appeals (not investigation) can be transferred. The ratio in Ram Chander Singh Sagar and Anr. (Supra) in my view, is clearly applicable in the present matter.”

Scope of Section 174 CrPC Proceeding:

“18. The proceeding under Section 174 CrPC is limited to the inquiry carried out by the police to find out the apparent cause of unnatural death. These are not in the nature of investigation, undertaken after filing of FIR under Section 154 CrPC. In the instant case, in Mumbai, no FIR has been registered as yet. The Mumbai Police has neither considered the matter under Section 175 (2) CrPC, suspecting commission of a cognizable offence nor proceeded for registration of FIR under Section 154 or referred the matter under Section 157 CrPC, to the nearest magistrate having jurisdiction.

21. Following the above, it is declared that the inquiry conducted under Section 174 CrPC by the Mumbai police is limited for a definite purpose but is not an investigation of a crime under Section 157 of the CrPC.”

Jurisdiction of Patna Police to Register Complaint:

“22. The Respondent no 2 in his Complaint alleged commission of a cognizable offence and therefore, it was incumbent for the police to register the FIR and commence the investigation. According to the Complainant, his attempt from Patna to talk to his son on telephone was thwarted by the accused persons and the possibility of saving the life of his son through father son engagement, was missed out. In consequence, the Complainant lost his only son who at the appropriate time, as the learned counsel has vividly submitted, was expected to light the funeral pyre of the father.

23. Registration of FIR is mandated when information on cognizable offence is received by the police…

29. Moreover, the allegation relating to criminal breach of trust and misappropriation of money which were to be eventually accounted for in Patna (where the Complainant resides), could prima facie indicate the lawful jurisdiction of the Patna police…

30. Having regard to the law enunciated by this Court as noted above, it must be held that the Patna police committed no illegality in registering the Complaint. Looking at the nature of the allegations in the Complaint which also relate to misappropriation and breach of trust, the exercise of jurisdiction by the Bihar Police appears to be in order. At the stage of investigation, they were not required to transfer the FIR to Mumbai police. For the same reason, the Bihar government was competent to give consent for entrustment of investigation to the CBI and as such the ongoing investigation by the CBI is held to be lawful.”

Options Before Mumbai Police:

“31. The Patna police although found to be competent to investigate the allegation in the Complaint, the FIR suggests that most of the transactions/incidents alleged in the Complaint occurred within the territorial jurisdiction of the State of Maharashtra. The Mumbai Police was inquiring into the unnatural death of the complainant’s son under section 174 of the CrPC. So far, their inquiry has not resulted in any FIR suggesting commencement of investigation on the criminal aspects, if any. However, the incidents referred to in the Complaint does indicate that the Mumbai police also possess the jurisdiction to undertake investigation on those circumstances. Therefore, in the event of a case being registered also at Mumbai, the consent for the investigation by the CBI under Section 6 of the DSPE Act can be competently given by Maharashtra Government.”

Investigation Entrustment To CBI

“32. While the CBI cannot conduct any investigation without the consent of the concerned state as mandated under section 6, the powers of the Constitutional Courts are not fettered by the statutory restriction of the DSPE Act…”

Direction on Investigation:

“35. The conflict between the two State governments on, who amongst the two is competent to investigate the case, is apparent here. In K.V. Rajendran Vs. Superintendent of Police, CBCID, Chennai & Ors. (2013) 12 SCC 480, the 3 judges Bench in the judgment authored by Justice Dr B S Chauhan held that transfer of investigation must be in rare and exceptional cases in order to do complete justice between the parties and to instil straight confidence in the public mind. While the steps taken by the Mumbai police in the limited inquiry under Section 174 CrPC may not be faulted on the material available before this Court, considering the apprehension voiced by the stakeholders of unfair investigation, this Court 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.

36. The ongoing investigation by the CBI is held to be lawful. In the event a new case is registered at Mumbai on the same issue, in the fitness of things, it would be appropriate if the latter case too gets investigated by the same agency, on the strength of this Court’s order. Such enabling order will make it possible for the CBI to investigate the new case, avoiding the rigors of Section 6 of the DSPE Act, requiring consent from the State of Maharashtra.

41. 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. Therefore while according approval for the ongoing CBI investigation, if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well.”

Analysis:

The Hon’ble Supreme Court has considered the all above issues and decided the matter appropriately. The best part is the judgement and the worst part is some portions of the averments made during the course of argument. It is clarified here that the said averments are made not due to ignorance of law or subject but the same are politically motivated.

The Apex Court while considering the transfer under section 406 CrPC, clearly determined the scope of section 406 CrPC. Investigation is an important part in any criminal case that is said to backbone of the case because on the basis of proper investigation, a case can be established or demolished. For justice, a fair and impartial investigation is essential. However, if the FIR would have been registered by the Maharashtra Police, the case might have been different.

While considering scope of section 174 CrPC, the Apex Court has provide a very clear distinction between inquiry and investigation.

While considering the issue of registration of FIR by the Bihar Police, the Court has rightly observed that it is matter of investigation. Investigation of a case provide clear picture and fact of the case and only after investigation in the present case, jurisdiction can be determined.

Since the matter of investigation by Bihar Police and inquiry by Maharashtra Police are entirely different, it can be carried out separately.

While considering the transfer of case to CBI, the Hon’ble Court has travelled through the literal interpretation of law. Since, it is legally correct but it won’t seems to be practical because of the reason that now CBI is investigating for the alleged offence of criminal breach of trust, Cheating and defalcation of money from the account of the deceased Sushant Singh Rajput. Entrusting CBI for investigation of such type of offences are seems to be appropriate because there is provision of Article 14 of the Constitution of India, 1950 which talks about right to equality. We all are aware that a huge number of rape cases are still not reported and we are engaging CBI for investigation of such type of offences. By entrusting CBI in this case, Bihar Government has raised a question on the competence of the Bihar Police and unity and integrity to our great India due to political motive as it was alleged that there are no cooperation between Bihar Police and Maharashtra Police. By approving the said entrustment, the Apex Court has made a questionable order.

With regard to direction to CBI for investigation in future FIR, as and when registered by the Maharashtra Police, the Apex Court has acted well within the law but it might have been more appropriate and in the interest of natural justice that the CBI would have been entrusted to investigate the entire matter relating to Sushant Singh Rajput because justice must prevail and truth shall come forward.

Conclusion:

In the said judgement, consideration of law and fact is very well. The judgment is balanced and technically good but at some portion, as described above, due to legality or otherwise the course of natural justice left behind. Because in above judgement, the practical aspect to find out real cause of death of Sushant Singh Rajput has not been dealt with.