India / Unfortunate that a gifted artist died, truth about Sushant's death should come out: SC

New Delhi: The Supreme Court Wednesday said the truth behind the death of gifted and talented artist Sushant Singh Rajput should come out, even as the Centre informed that it has accepted the recommendation of Bihar government for a CBI probe in the matter.

A bench of Justice Hrishikesh Roy directed Maharashtra, Bihar and Sushant's father Krishna Kishore Singh to file their replies within three days on a plea by Bollywood actor Rhea Chakraborty who is seeking transfer of the FIR accusing her of abetting Sushant’s suicide from Patna to Mumbai.

The apex court, which posted the matter for hearing next week, also directed Mumbai Police to place before it the status report of the probe conducted so far in Sushant's death case.

Sushant, aged 34, was found dead in his suburban Bandra apartment in Mumbai on June 14. Since then Mumbai police has been probing the case keeping in mind various angles.

At the outset, Solicitor General Tushar Mehta, appearing for the Centre, told the court that the Bihar government's recommendation has been accepted and the case has been transferred to the CBI.

Let the Maharashtra government respond to the plea of Rhea and so far as the death of the artist is concerned, the truth should come out, the bench said during the hearing conducted through video-conferencing.

A gifted and talented artist has passed away in this case, the bench observed, adding that the fundamental issue raised before it is the jurisdiction as to which police would probe it.

During the hearing, senior advocate Vikas Singh, appearing for Sushant's father, alleged that Maharashtra Police is destroying the evidence in the case and for the time being, they should be directed to cooperate with Bihar Police in the ongoing probe.

Senior advocate R Basant, appearing for Maharashtra, told the bench that Patna Police has no jurisdiction to either lodge an FIR or investigate the matter and this has been made a political case.

"It is in everyone's interest that the truth should be unraveled," observed Justice Roy, who also pulled up the Maharashtra government for quarantining for 14 days a Bihar Police officer, who was specially deputed to Mumbai to lead a team of four into the probe. "It doesn't send out a good message. He was there to do his job. You must do everything in a professional manner. Protect all evidence," said the judge.

The Maharashtra government told the bench, “We are doing quite a professional job and it is inappropriate that Mumbai Police is being accused like this.”

Senior advocate Shyam Divan, appearing for Rhea, told the bench that no coercive action be taken against her till the pendency of the matter.

“We want all parties to hold their hands. Lawyers are here and I am sure they have all heard you,” the bench observed.

Bihar Chief Minister Nitish Kumar had on Tuesday recommended CBI probe to the Centre in the case at the request of Sushant's father.

Maharashtra has been opposed to transferring the probe to CBI.

Rhea, who had once tweeted to the Union Home Minister Amit Shah seeking CBI probe into the matter, had on Tuesday opposed the Bihar government's move through her lawyer Satish Maneshinde by saying that the decision has no legal sanctity.

On July 25, Sushant's father had lodged an FIR at Rajiv Nagar police station in Patna against Rhea and six others, including her family members, accusing them of abetting the actor's suicide.

In her plea filed in the apex court, Rhea has alleged that Sushant's father has used his influence in roping her in FIR lodged at Patna in Bihar accusing her of abetment of suicide of his son. She has pointed out that she was in a live-in relationship with Sushant till June 8, 2020, has been in deep trauma after his death; and moreover, is getting rape and death threats. Rhea Chakraborty's counsel also asked the top court to grant her interim protection.

However, Sushant’s father’s lawyer, advocate Vikas said that he has no difficulty if the apex court examines the case, but no protective order should be passed in favour of Rhea.

Rhea has also stated that Sushant was living with depression for some time and was also on anti-depressants and he died by suicide on the morning of June 14, 2020 at his Bandra residence. She has said in her plea that it becomes abundantly clear that the commencement of investigation in Patna is erroneous in absence of any cause of action having arisen at Patna.

The entire cause of action as alleged in the FIR had arisen at Bandra in Mumbai, her plea noted.

An FIR has been registered against her and others at Patna for alleged offences under various sections of the Indian Penal Code, including 306 (abetment of suicide), 341 (punishment for wrongful restraint), 342 (punishment for wrongful confinement), 380 (theft in dwelling house), 406 (punishment for criminal breach of trust) and 420 (Cheating and dishonestly inducing delivery of property).