Thread by @barandbench

[Sᴜsʜᴀɴᴛ Sɪɴɢʜ Rᴀᴊᴘᴜᴛ]: Rʜᴇᴀ Cʜᴀᴋʀᴀʙᴏʀᴛʏ's Pʟᴇᴀ ᴛᴏ Tʀᴀɴsғᴇʀ Cᴀsᴇ ғʀᴏᴍ Bɪʜᴀʀ ᴛᴏ Mᴜᴍʙᴀɪ

Justice Hrishikesh Roy to shortly hear the transfer plea. @MumbaiPolice submitted its investigation status report in a sealed envelope
#SushantSinghRajputCase

Rᴇᴘʟʏ ʙʏ Mᴜᴍʙᴀɪ Pᴏʟɪᴄᴇ @MumbaiPolice

barandbench.com/news/sushant-s…

Rᴇᴘʟʏ ʙʏ Bɪʜᴀʀ Pᴏʟɪᴄᴇ

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Rʜᴇᴀ Cʜᴀᴋʀᴀʙᴏʀᴛʏ ᴛᴏᴏ ғɪʟᴇs ᴀᴅᴅɪᴛɪᴏɴᴀʟ ᴀғғɪᴅᴀᴠɪᴛ ᴄʟᴀɪᴍɪɴɢ "ᴍᴇᴅɪᴀ ᴛʀɪᴀʟ" ɪɴ ʜᴇʀ ᴄᴀsᴇ

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Hearing begins. #SushantSinghRajputCase
#SSRDidntCommitSuicide
#CBIForSSRHomicideCase

Senior Advocate Maninder Singh appears for Bihar police

Senior Advocate Shyam Divan is for @Tweet2Rhea

Senior Adv Vikas Singh for Sushant's parents

@DrAMSinghvi represents Maharashtra govt

Divan: Lordship had granted time for replies by parties. We have response by Bihar, an affidavit from Maharashtra, complainant and an impleadment application by the Centre

Divan: This is an application under Sectiom 406 if CrPC. Our short submission is that FIR registered in Bihar has no connection to any offence committed in Patna. There is considerable delay of over 38 days in filing of this FIR. There is also state influence and thus bias

Divan: Ends of justice will be met by granting our prayers. State of Maharashtra has filed an affidavit to show satisfactory investigation is going on. FIR in Patna is without jurisdiction

Divan: We have filed an additional affidavit on August 10.
(Senior Adv Divan now narrates the entire timeline of the case till the transfer plea was filed).

Divan: my client Rhea Chakraborty @Tweet2Rhea has been charged by wrongful confinement, criminal breach of trust and abetment of suicide.

Divan: All the averments made in the FIR has taken place in Mumbai. All the events are relatable to Mumbai. It has been said that Rhea and family used #SushantSinghRajput for financial benefits

Divan now shows the affidavit filed by the State of Maharashtra.

#SushantMurderQuestion
#SushantCoverup
#SushantSinghRajputDeathCase

Divan: law is if FIR is registered at a place where crime is not committed then a zero FOR can be register there and then transffered to the state which has jurisdiction over it.

Divan: Apart from Rajputs residence in Patna there was no other cause of action for Bihar police.

Divan: @MumbaiPolice has already recorded 56 statements. The investigation has proceeded quite substantially. However there is an application by Centre to inplead a party.

Divan: Point to highlight all of this is because there cannot be an executive action to nullify your lordships order and this is in reference to the impleadment application by the centre. Order of the Bihar governor and then under DSPE act cannot override the sec 406 plea

Divan: there is considerable amount of political influence in registration of the FIR at Bihar

Divan: Patna police was hesitant to file FIR, but Bihar CM Nitish Kumar and leader Sanjay Jha insisted on registering this FIR and probe the case in Bihar

Divan: When the court is considering ends of justice, it is important to consider political bias, nothing happened in Bihar, and substantial delay in registering FIR.

Divan reads Sectiom 154 and 157 of CrPC.

Divan: There is serious concern on behlaf of the petitioner that going by TV reports it seems as if real people are not involved. The girl was in love with the deceased and living together. She deserves full fairness

Divan: This case is being utilized extraneously as in a case of a relationship of a boy and a girl, a CM had to intervene. In this case the trial by media which is a parallel trial now is undesirable.

Divan: This courts power has to be examined after July 29 when I had moved the Supreme Court. As far as Patna is considered there was no question of FIR there

Senior Advocate Maninder Singh for Bihar Police: Let me argue for some time. What Bihar police did was in complete accordance with law.

Justice Roy: In your petition you have also sought a CBI probe in the case. How they come into the picture is different but you want it or not?

Divan: I want a fair trial by a fair investigating agency.

Divan: The correct course will be the matter goes to Mumbai police and if CBI comes into the picture it will then. But FIR lodged in some other state without jurisdiction cannot lead to the CBI probe.

Senior adv Singh for Bihar police: 56 people were examined by Mumbai police. Final report of post mortem came on June 25. Mah did not register any FIR even thought it examined so many people.. verdicts state post mortem date is the last date for police to rely on Section 174

Singh: After final post Mortem report either proceedings closed under 174 CrPC or FIR is registered. How many out of 56 people were examined after June 25 when thenm final post mortem was in ??

#SushantMurderQuestion

Singh: Bihar police's FIR is the only FIR in the case. There is a complete lapse of investigation on part of Mumbai police. Allegation is against political class in Maharashtra which has stopped even registering of FIR. A senior officer of Bihar police was put in detention

Singh: In view of Section 178 CrPC, to say that at the stage of investigation his power of territorial jurisdiction cannot be challenged.

Senior adv Singh: it is settled law that cause of action in a criminal case is where crime occurs but without conducting such an investigation how can such an order be passed?

Senior Adv Maninder Singh: Similar transfer plea was earlier dismissed too, we have to undertake investigation and then get into territoriality

Singh: What is an investigation under Section 174 that state of Maharashtra is carrying on much after June 25 since when final post mortem reports were in. What is this facade?

Singh: Nothing is pending before Maharashtra. All investigation by them is now without jurisdiction. FIR says illegal siphoning of money is there. Investigation needs to be carried out in this regard.

Maninder Singh: FIR in Bihar was registered on basis of legality because some autnority has to investigate and not social media. We had to do doodh ka doodh Paani ka paani. There was no investigation that was being done. @NitishKumar did not intervene here at all

Dr Singhvi: I have four points. Absolute lack of jurisdiction by Bihar police. Very weird and remarkable basis of claiming jurisdiction by Bihar needs to be shown. This case shows how federalism is being subverted.

Dr Singhvi: We also need to see scope of jurisdiction of a single judge where transfer of case to CBI is being sought. You have our sealed enevelope regarding status of investigation..

SG Mehta: next time don't question me on this. I just want to embarrass Dr Sibghvi as a friend

Singhvi: Murder of the CrPc is being attempted in this case where jurisdiction is a casualty!

Bihar says deceased belongs to Bihar. This is stretching beyond imagination.

Singhvi: Bihar then says that facts of the case may be obtained from Bihar and all over India apart from Mumbai. Then they say that the case is sensitive. Then a consequence doctrine has been invoked used in international law. Criminal law has been turned on its head

Singhvi: Bihar seeks a jurisdictionless probe till probe is conducted. Have you seen any prosecuting state so desperate to take up the investigation?

Singhvi: if any of this applies, it will be a fundamental assault on federalism. Suppose hit and run happens in mumbai and both victim and accused don't like Mumbai police and since they like Kerala let Kerala police investigate

Singhvi: There is no complaint to Maharashtra police till now. Not a single one..if somebody wants to stretch it then what can we do. We all know that why the state where there is an election soon is doing like this. After the election you will not hear of this case

Singhvi: word federalism appears nowhere in the Constitution. But still it is held to be a part of the basic structure doctrine in the SR Bommai's case

#SupremeCourt
#SushantCoverup

Singhvi: Section 177 CrPC arises from the time of the offence. Its basic premise is that all crime is local. .. zero FIR point is most hallowed principle and thr advisory issued was in light of Lalita Kumari judgment

Singhvi: suppose X kills Y. Postmortem may say death but it needs to be seen if the death is due to unnatural circumstances. That investigation is carried in under Section 175 CrPC.

Singhvi: this case has wider repercussions and its started from List II to basic structure doctrine. Let us not boast that Bihar police is the best one. This is a new law that investigation has to be over by June 25. Without a finding of perversity how can the case go to CBI

Senior Adv Vikas Singh: Lawyers saying that CrPC is murdered but no one has read CrPC. In the Asaram Bapu case girl was travelling from.Rajasthan to UP. Then FIR was registered in Delhi which states that nothing happened in Delhi and thus being sent to UP.. thats zero FIR

Vikas Singh: If there is a criminal breach of trust then as a father thr entire proceed needs to be sent to me. Section 406 also includes subordinate to a HC.

Vikas Singh: father and sister of Sushant Singh Rajput was alienated. Father repeatedly wanted to talk to sushant but Rhea did not reply. She had already distanced the sister. Look at the mark on his neck its a belt mark not a rope! If he was murdered it needs to be investigated

Vikas Singh: Lalita Kumari says preliminary enquiry needs to be concluded within 7 days. Inquest proceedings cannot go beyond the receipt of final postmortem report.

Singh for Sushant's father: I am from Patna and without my son I have no one to light my funeral pyre. This itlsef shows that Patna has jurisdiction...

#SushantSinghRajputDeathCase

Singh: No one has seen my son hanging . When my daughter reached Sushant was lying on the bed. This needs investigation. As soon as mourning is over, he registered the FIR in Patna

Singh: Vinay Tiwari was forcibly quarantined on August 2 and an order was passed on August 3 stating that there will be no exception for home quarantine for someone coming from outside the state. This was the nature of cover-up.

Singh: Please ensure that when CBI goes to Maharashtra this home quarantine does not apply to them again.

SG Mehta for CBI: CBI has already taken a decision that it would accede to the request of Bihar govt. @MumbaiPolice says it began investigation under Section 175 crpc but that can only be under Section 154 and 156 of the CrPC. Investigation has to be truth eliciting oriented

SG Mehta: The exercise that Mumbai police is undergoing is without an FIR. No report of the inquest has been filed before the district or sub divisional magistrate. A basic report on apparent causes of death showing bruises, marks, wounds, or fractures should be before Magistrate

SG Mehta: now what is an investigation? We need to see who is the petitioner. Is she an accused or not involved at all. Here there is no case pending in Mumbai... when police files a report or chargesheet under section 173 a Magistrate orders arrest of those innolved

SG: You get information under Section 174 CrPC
Register FIR under 154 CrPC
Then statememets recorded are under Secrion 160 or 161 of CrPC.

(Reads a Vivian Bose, J., verdict to explain what investigation is)

SG Mehta: Investigation only as per CrPC is going on in Bihar as there is no such Investigation in Mumbai. Even Enforcement Directorate is investigating the case. What Dr Singhvi has submitted in sealed envelope is not a part of case diary

Senior Adv Divan: We are in an application under Section 406 CrPC. After hearing all it emerges that justice is on individual cases. Everything in this case happened in Mumbai. If everything is in Mumbai, then FIR needs to be transferred. Justice is a very subtle virtue

Divan: when we cite news report after news report and where FIR is registered at the behest of Bihar CM then court needs to look at the ends of justice. We should not give a license and certificate to a situation where FIR can be registered in remote area away from Mumbai

Divan: Its a very charged situation. I hope there will be protection for the petitioner in the case which has been extremely politicized.
I will place a short note with judgments by tomorrow

Maninder Singh: Regarding the Bihar CM playing a role, there is also mention of Maharashtra CM's son and his involvement in the case. There is a huge political clout pressuring police not to register a FIR

SG Mehta: Mumbai police and Bihar police have made a strong case for central agency probe

Dr Singhvi: The eagerness of the CBI tells a own story

Senior Adv Maninder Singh: Bihar police has the jurisdiction in the case...

Senior Adv Vikas Singh: Shiv Sena is infamous for its brutality on Biharis !!

#SushantMurderQuestion
#SushantSinghRajputDeathCase

Single judge bench reserves order on the transfer petition.

Parties to file a two page written submission (note) each by tomorrow

*Date to file written note: Thursday

Court reserves order.

#SCGiveJusticetoSSR #SushantCoverup #SushantSingRajputDeathCase #RheaChakraborthy @Tweet2Rhea @DrAMSinghvi

Who represented whom in #SushantSingRajputDeathCase

#SCGiveJusticetoSSR #SushantCoverup #RheaChakraborthy @Tweet2Rhea @DrAMSinghvi

Sushant Singh Rajput: "After the election you will not hear of this case", and 12 other arguments in Rhea Chakraborty's plea before Supreme Court

#SCGiveJusticetoSSR #SushantCoverup #RheaChakraborthy @Tweet2Rhea #SushantSinghRajput
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