The Supreme Court on Wednesday ordered the CBI probe into the unnatural death of Sushant Singh Rajput under Article 142 of the Constitution.
The court said that its power under Article 142(1) to do “complete justice” is entire of a different level and of a different quality. A single-judge Bench of Justice Hrishikesh Roy upheld the validity of the FIR registered into the death by Bihar Police on the complaint filed by Sushant’s father. Justice Roy turned down the Maharashtra government’s arguments that ordinarily, the local police should conduct an investigation into any reported crime and entrustment of the in the investigation to the CBI must be an exception to meet extraordinary exigencies, and the consent given by the Bihar government was for political exigencies.
The court said the obstructions for the Bihar Police team in Mumbai while investigating the FIR registered by the deceased Sushant’s father should have been avoided as it gave rise to suspicion on the bonafide of Mumbai Police’s inquiry.
“In the instant case, the petitioner reposed confidence on Mumbai Police. The records of the case produced before this Court does not prima facie suggest any wrongdoing by the Mumbai Police. How-even their obstruction to the Bihar Police team at Mumbai could have been avoided since it gave rise to suspicion on the bonafide of their inquiry,” he said.
Citing the Justice LS. Panta judgment, Justice Roy said, “Under Article 142 of the Constitution. this court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any”cause” matter pending before it. The expression “cause” or” matter” would include any proceeding pending in court and it would cover almost every kind of proceeding in court, including civil or criminal”.
“Sushant Singh Rajput was a talented actor in the Mumbai film world and died well before his full potential could be realized His family. friends and admirers are keenly awaiting the outcome of the investigation so that all the speculations floating around can be put to rest.”
Justice Roy, at the same time, said Mumbai Police had jurisdiction in the case owing to the fact that certain incidents, including the death of the actor, happened there. “The peculiar circumstances, in this case, require that complete justice is done in this matter I low this is to be achieved must now be decided.”
Justice Roy said He noted that Bihar and Maharashtra governments are making acrimonious allegations of political interference against each other, and the legitimacy of the investigation has come under a cloud. “These developments, unfortunately, have the propensity to delay and misdirect the investigation. insult a situation, there is a reasonable apprehension of truth being a casualty and justice becoming a victim,” he observed.
Justice Roy said to ensure public confidence in the investigation and to do complete justice in the matter, theCourtconsidas it appropriate to invoke the powers conferred by Article 142 of the Constitution. The order came on the petition filed by Sushant’s rumored girlfriend Rhea Chakraborty seeking transfer of the case from Patna to Mumbai.