While making it clear that the Mumbai Police’s case records did not prima facie suggest wrongdoing, a single judge bench of Justice Hrishikesh Roy, however, said the exercise of jurisdiction by Bihar Police appeared to be in order in view of the “nature of the allegations in the complaint which also relate to misappropriation and breach of trust”.
The Bihar government was, hence, competent to give consent for entrustment of investigation to CBI and as such an investigation was lawful. The judge also said obstruction of the Bihar Police team in Mumbai could have been avoided.
“Accusing fingers are being pointed and people have taken the liberty to put out their own conjectures and theories. Such comments, responsible or otherwise, have led to speculative public discourse which have hogged media limelight. These developments unfortunately have the propensity to delay and misdirect the investigation,” the bench said.
“In such a situation, there is reasonable apprehension of truth being a casualty and justice becoming a victim.
Rajput was a talented actor in the Mumbai film world and died well before his full potential could be realised. His family, friends and admirers are keenly awaiting the outcome of the investigation so that all the speculations floating around can be put to rest. Therefore, a fair, competent and impartial investigation is the need of the hour. In this case, political interference against both states was alleged which had the potential of discrediting the investigation.
The legal process must therefore be focused upon revelation of the facts through credible and legally acceptable investigation. It must be determined whether the unnatural death was the result of some criminal acts,” he said.
The expected outcome then would be, a measure of justice for the complainant, the father, who lost his only son. For the petitioner, Rhea Chakraborty too, it will be the desired justice as she herself had called for a CBI investigation, the judge said.
“Dissemination of the real facts through unbiased investigation would certainly result in justice for the innocents, who might be the target of vilification campaign. Equally importantly, when integrity and credibility of the investigation is discernible, the trust, faith and confidence of the common man in the judicial process will resonate. When truth meets sunshine, justice will not prevail on the living alone but afterlife’s fitful fever, now the departed will also sleep well. To ensure public confidence in the investigation and to do complete justice in the matter, this court considers it appropriate to transfer the case to the CBI. The agency will also investigate any other related cases registered into the circumstances of his unnatural death,” the order said.
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