India / Bihar FIR in Sushant's case politically motivated: Mumbai Police to SC

Mumbai: Actor Sushant Singh Rajput’s death probe is turning into a mud-slinging match between the Mumbai Police and Bihar Police at the top court. On Saturday, the Mumbai Police filed an affidavit stating that the FIR lodged by Bihar Police on a complaint filed by Sushant’s father was politically motivated and done at the instance of the chief minister of Bihar. This has given an interesting turn to the case ahead of the Supreme Court hearing the transfer petition filed by Sushant’s girlfriend Rhea Chakraborty on Tuesday. She has sought transfer of the FIR lodged at Patna to Mumbai.

Mumbai Police even called out the “indecent haste” shown by the Central Bureau of Investigation (CBI) in lodging a FIR on the recommendation from the Bihar government and even constituting a team to begin probe into abetment of suicide charge against Rhea, her family members and two friends.

“The indecent haste with which the CBI has proceeded in this regard, speaks for itself, regarding the bonafides of all involved in this exercise,” stated the Mumbai Police in its affidavit filed through advocate Sachin Patil. The affidavit termed the CBI FIR without “legal sanctity” as it was filed without consent of Maharashtra, which alone is entitled to give consent under Section 6 of the Delhi Special Police Establishment Act and not Bihar.

The developments came on a day when Sushant’s father KK Singh filed his reply in the apex court terming Rhea’s petition as “infructuous” following CBI taking over the case. The late actor’s father even accused the Mumbai Police of inaction as he questioned why even after 54 days of enquiry no FIR was registered. “If the respondent No.3 (State of Maharashtra) has found no evidence qua the petitioner (Rhea) in 54 days of enquiry, it only reflects one conclusion that the Respondent No.3 is trying to shield the Petitioner for the reason best known to them,” Sushant’s father stated in his affidavit settled by senior advocate Vikas Singh.

Defending the charges against them, Mumbai Police wondered why the father of the late actor did not approach them for registering FIR against Rhea and her family members. Citing a Ministry of Home Affairs circular of May 10, 2013, the Mumbai Police claimed that at best, Bihar Police ought to have registered a Zero FIR and transferred the same to Bandra Police.

Making a big charge against its Bihar counterpart, the Mumbai Police said, “The registration of the FIR at Rajeev Nagar Police Station, Patna, Bihar was politically motivated and due to extraneous reasons.” To support this statement, the affidavit cited a newspaper report annexed to Rhea’s petition which said that while Bihar Police was hesitant to file FIR, it was the Bihar chief minister and another minister who persuaded them to register it.

The mud-slinging was not limited to that alone. Commenting on Bihar’s decision to recommend a CBI probe, the Mumbai Police said, “Recommendation of respondent no 1 (Bihar government) to transfer investigation into FIR by CBI bristles with malafides and same is void ab initio.” Such a thing could lead to a “chaotic situation” as the accused or complainant would then choose their own state police to initiate investigation into a case.

Already, the Bihar Police had accused Mumbai Police of shielding Rhea and obstructing probe into the FIR lodged at Patna. The turf war between the two police forces was at display when Bihar-cadre Indian Police Service (IPS) officer Vinay Tiwari who landed in Mumbai on August 2 to expedite probe was forcibly quarantined.

The Bihar government had claimed this was an “afterthought” as the four officers of Bihar Police Special Investigation Team (SIT) who landed in Mumbai on July 27 were not similarly quarantined.

The Mumbai Police has denied of having obstructing the probe and claimed that Vinay Tiwari was quarantined by the Municipal Corporation of Greater Mumbai and not the police. Further, it said that the four officers who landed earlier ought to have quarantined themselves.