Centre: No Mumbai police FIR in Rajput case, statements invalid

NEW DELHI: The Union authorities instructed the Supreme Court on Thursday that there was no authorized sanctity within the recording of statements of 56 individuals by Mumbai police within the suicide of actor Sushant Singh Rajput because the state police had not registered an FIR that empowers police to legally examine a criminal offense.

“Maharashtra police has mentioned in its affidavit that it has collected statements of 56 individuals. In view of the place that no FIR has been registered and the police officer is merely discharging capabilities beneath Section 174 of the Criminal Procedure Code, such statements don’t have any validity or authorized sanctity and are non-est,” the Centre mentioned in its written submissions two days after the SC reserved its verdict. The Bihar authorities, Rhea Chakraborty and the Maharashtra authorities have additionally filed their written submissions.

Maharashtra referred to Rajput’s demise as “an actor handed away on June 14”. It mentioned Maharashtra police have been nonetheless investigating the reason for the demise and if it got here to a conclusion {that a} cognisable offence was dedicated, then an FIR can be registered.

The Centre’s submissions, drafted by solicitor normal Tushar Mehta, took a leaf out of the submissions of the Bihar authorities and mentioned, “It is just after registration of FIR that the police get jurisdiction to document statements of witnesses and never in any other case. Even after registration of an FIR, the police officer is remitted to intimate the Justice of the Peace about the identical and thereafter all the things occurs beneath judicial supervision. This has admittedly not taken place.”

It mentioned since Mumbai police had not registered the obligatory FIR and the CBI had taken up the Patna FIR lodged by Rajput’s father for probe, it might be within the health of issues that the CBI continued its probe. Bihar had earlier mentioned that because the Patna FIR had been taken up for probe by the CBI, Chakraborty’s plea for switch of the Patna FIR to Mumbai had turn into infructuous.

Referring to Chakraborty’s assault on an inquiry by the ED, the Centre requested the SC “to not make any observations which could have an effect on the investigation being performed… by the ED which isn’t the subject material of the current proceedings”.

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