Mumbai: In a strongly worded affidavit filed in the Supreme Court, the Maharashtra Government said that Bihar police’s action of not transferring the FIR in Sushant Singh Rajput death and continuing with the simultaneous inquiry into the offences alleged in the FIR was totally malafide and violated the principles of federalism enshrined in the Constitution.
An investigation by two different state police into the same incident, which has occurred within one state will lead to a ‘’chaotic situation’’ as the investigation of one state police may interfere with the investigation of another state police. The registration of the FIR in Bihar was politically motivated and due to extraneous reasons.
As reported by Free Press Journal, the state government on Saturday filed an affidavit in the Supreme Court and also submitted in a sealed cover the details of investigation so far done by the Mumbai police in Sushant Singh Rajput case. The 20 page affidavit is in the possession of Free Press Journal.
The state government further said the Bihar government did not have any legal sanctity to recommend transfer of the investigation into the said FIR to the CBI. FIR ought to be transferred as a Zero FIR to the Bandra police station. Further, it is submitted that a fair, proper, professional and impartial investigation has been and also will be conducted by the Mumbai police.
‘’The jurisdiction of CBI is confined only to the union territories for investigation of offences notified under section 3 of Delhi Special Police Establishment (DSPE) Act, 1946. The CBI cannot move without the consent of the state government. CBI derives jurisdiction only when valid consent thereof is given as the law and order being a state subject,’’ the state government said.
‘’It is only the state of Maharashtra which is competent to give consent under section 6 of DSPE Act for transferring investigation to the CBI because the cause of action has arisen solely and completely within the state of Maharashtra alone,’’ it added.
According to the state government, neither a single legally permissible and sustainable ground existed nor does it exist either for the registration of the FIR at Patna or for the transfer of such non-maintainable FIR to the CBI. ‘’No ground existed nor any sustainable ground or reason is placed on record for the transfer of the FIR in issue to the CBI. Such transfer cannot in law be effected at the whims and fancies of all concerned, in absence of ground/reason which is well settled by various judicial pronouncements or even otherwise legally sustainable,’’ it said.
Already the Home Minister Anil Deshmukh has clarified that Mumbai police is continuing its investigation and it has not been transferred to CBI.
‘’There cannot be two simultaneous inquiries much less investigations by two different agencies in respect of the same incident and if such simultaneous inquiry were to continue, it may result in conflicting results, apart from its other adverse effects, it will ultimately end up in helping the suspect or accused, if any and if at all. Comity between Mumbai and Bihar police was then required that the Mumbai police alone continue with the investigation into the incident at hand as also the Bihar police forthwith out to have stopped their legally unsustainable inquiry,’’ said the state government in the affidavit.
Further, the state government submitted that the territorial jurisdiction of a court with regard to criminal offence would be decided principally on the basis of place of occurrence of the incident and not on the basis where the FIR is registered.
The state government recalled that none of the family members had any suspicion about the suicide or against anybody whosoever in that regard. It is most important to note that these are the statements recorded first in point of time unlike the subsequent statements with numerous improvements that are apparently with afterthoughts, to say the least.
‘’FIR registered by the Bihar police shows that none of the alleged offences have been committed within the local limits of Rajeev Nagar police station, Patna either by the petitioner or for that matter anybody else. The objection of territorial jurisdiction can be raised at the pre cognizance stage also,’’ the state government said.
Moreover, the state government argued that the Bihar Government was not within its rights in registering the FIR. The FIR was registered at Bandra Police station either by addressing a letter and or email to the Bandra Police station, if not by personally remaining present there as the alleged offences, even according to his case, were committed within the local limits of the Bandra Police station.
