Bihar FIR should be regarded as Zero FIR and transferred to Mumbai, says Rhea in submission to SC

The maximum that may be done in such instance, is for the FIR to be registered as a “Zero FIR” and the same may be forwarded to the police station having jurisdiction over the matter,” said Rhea in the written submissions.

Written by August 13, 2020 20:59

New Delhi: Rhea Chakraborty has made written submissions to the Supreme Court in Sushant Singh Rajput death case and said that the FIR filed in Patna should be best considered as zero FIR and transferred to Mumbai Police.

“A plain reading of the subject FIR is clearly indicative of the fact that no such consequence of such alleged act has ensued within the State of Bihar. The maximum that may be done in such instance, is for the FIR to be registered as a “Zero FIR” and the same may be forwarded to the police station having jurisdiction over the matter,” said Rhea in the written submissions.

“The Petitioner has no objection if the transfer of investigation to CBI is done in exercise of powers conferred upon this court under Article 142 of the Constitution of India. Otherwise, the present transfer from Bihar Police to CBI as is done is totally without jurisdiction and contrary to law,” said the written submission.

“Admittedly, the case registered by the Bihar Police was transferred to the CBI for the reasons of a)’sensitivity’ and b) ‘inter-state ramifications’. The concept of sensitivity is alien to criminal jurisprudence. There is not even a remote whisper of any material to support the theory of ‘inter-state ramification’. The offence if at all, as alleged is completely within the jurisdiction of Mumbai even as per the ED,” said the written submission.