On 19.08.2020 (Wednesday), the Supreme Court has delivered its Judgment in the case of a probe by CBI in the mysterious death of actor Sushant Singh Rajput.
For the first time, a Single Judge of Supreme Court has exercised power under Article 142 of Constitution [Read Here].
In a first Single Bench of Hon’ble Mr Justice Hrishikesh Roy held that
though Bihar police had jurisdiction to lodge FIR concerning mysterious death Sushant Singh Rajput on the Complaint of his father,
it could not investigate it. For Maharastra Government also, the Court directed to transfer the files to CBI for investigation.
The Order came to be passed on the plea of actress Rhea Chakraborty’s seeking transfer of the FIR from Patna (Bihar) to Mumbai (Maharastra).
It has been alleged int he FIR that Ms Chakraborty abetted suicide of Sushant Singh Rajput.
FIR has been registered under Sections 341, 342, 380, 406, 420, 306, 506, and 120(B) of the Indian Penal Code
The Court Observed
In view of the settled position of law, there is no doubt that the Pata Police has legally registered the Complaint of the father of Sushant.
So, the Court observed that Rajput was a talented actor in the Fil Industry, and before he could realise his full potential, he left the world.
It has been held that a fair, impartial and competent investigation in the matter is the need of the hour.
The outcome of the investigation and trial be a measure of Justice for the family of Rajput.
Justice Roy exercised plenary power under Article 142 of Constitution and observed that
to do complete Justice in the matter, the investigation is being handed over to the CBI.
The Court also negated the arguments of the Counsel for State of Maharashtra that
a Single Judge of the Supreme Court cannot exercise power under Article 142 of Constitution.
It has been held that the power under Article 142 is conferred upon the Supreme Court of India, not to a particular bench or Judge.
Yes