SSR-Rhea case: Why Bombay HC admonished CBI over pending chargesheet
What's the story
Bollywood actor Sushant Singh Rajput allegedly died by suicide on June 14, 2020, in Mumbai.
Soon after, his girlfriend-actor Rhea Chakraborty became a prime suspect, even spending 28 days in the Byculla jail on charges of procuring drugs for Rajput.
Years later, Chakraborty and her family's legal woes still stand.
In recent developments, her family submitted a plea to the Bombay High Court to quash Look-Out Circulars (LOCs) issued by the CBI.
Here's what the HC said.
Bombay HC's action
Bombay HC reserved its order
Earlier this week, the Bombay High Court reserved its decision regarding a plea from Chakraborty, her brother Showik, and their father to cancel the LOCs.
These LOCs are connected to the ongoing investigation into Rajput's death and have prevented Chakraborty from fulfilling work commitments abroad.
Per Chakraborty, she needs to travel to Dubai for professional reasons.
Bombay HC questioned the CBI
Bombay HC asked CBI about the delay in the investigation
While reserving its judgment, the judges' bench—comprising Justices Revati Mohite-Dere and Manjusha Deshpande—admonished CBI over the delay in the investigation.
"There has to be some finality in a case. This is not financial fraud that will take so much time. In one case we saw that there was an LOC issued for a witness who could not go abroad to earn his livelihood. If such is the case, then which witness will come forward? There has to be some discretion."
Questions to CBI
'How long and how indefinitely can you curtail someone's movement?'
The bench added, "What are you fearing if the LOC is quashed? This is not a scam matter where it takes years to understand the nature of transactions. How long and how indefinitely can you curtail someone's movement?"
"Three and a half years have passed, and the chargesheet should have seen the light of day."
Per the bench, the LOCs did not convey suspicions of the Charkrabortys fleeing.
CBI's response
CBI had no response about the chargesheet
CBI representative advocate, Shreeram Shirsat acknowledged that the Chakrabortys have cooperated and respected the summons but didn't provide concrete information about the pending chargesheet.
"They have attended. And just because they are not being summoned does not mean that the investigation is not going on. The question over LOC is only about apprehension. The intention of the person cannot be found until they flee," said Shirsat.
Jurisdiction
The two sides argued over correct jurisdiction, too
Chakraborty's legal team, headlined by advocates Abhinav Chandrachud and Prasanna Bhangale, argued that Mumbai was the appropriate jurisdiction since Rajput and Chakraborty lived there, and the CBI conducted their investigation there.
Advocate Ayaz Khan, representing Showik and his father, concurred and argued that an LOC should only be issued if an accused is avoiding arrest or summons.
To recall, an FIR was first registered in the case by Rajput's family in his hometown, Patna, before CBI took over.