The Supreme Court dismissed a petition filed by the Central Bureau of Investigation (CBI), the state of Maharashtra, and the Bureau of Immigration on Friday challenging the Bombay High Court’s quashing of look-out-circulars (LOCs) issued against Rhea Chakraborty, her brother Showik, and her father Lt Col Indrajit Chakraborty (retd) in connection with the death of Sushant Singh Rajput.
A bench of Justices BR Gavai and KV Viswanathan orally observed that the petition was “frivolous” and was filed merely because the accused were “high-profile”, Live Law reported.
“We are warning. You are filing such a frivolous petition, only because one of the accused is a high-profile person…It will be with exemplary cost. Both persons have deep roots in society,” Justice Gavai said when the CBI counsel sought a pass over of the matter, the report added.
“If you want cost and some compliments to CBI, we will pass-over,” Justice Gavai said.
In February, the Bombay high court had cancelled the LOC issued by the CBI against Rhea Chakraborty and her two family members in 2020 in connection with the death of Sushant Singh Rajput.
A bench of justices Revati Mohite Dere and Manjusha Deshpande allowed petitions filed by Rhea Chakraborty, her brother and their father against the LOCs issued against them that prevented them from travelling abroad.
A LOC issued by an investigating agency can request the Bureau of Immigration to detain a person, stop the person from boarding a plane or simply inform the agency concerned about the person’s exit from the country.
The LOC was lifted by the high court order, weeks after it was suspended by a vacation bench in December to let Rhea Chakraborty travel to Dubai for a meet-and-greet event, despite CBI’s strong opposition.
At previous hearings, the bench had questioned the rationale of issuing LOCs because there was a first information report (FIR) against the actor. based solely on the registration of an FIR.
The issue of jurisdiction also sparked debate, as the FIR was initially filed in Patna by Sushant Singh Rajput’s family before the case was taken over by the CBI in Delhi. Advocates representing Rhea Chakraborty argued for Mumbai’s jurisdiction, highlighting the residency of both parties and the location of the investigations.
The bench raised concerns over a pending case since 2020 where the CBI had not filed a charge sheet, emphasising the need for finality in legal proceedings. The court also questioned the rationale for issuing LOCs,
Lawyers for the Rhea Chakraborty family reasoned that the LOC should have been issued only if there was concrete evidence that the accused was actively avoiding arrest or court proceedings.
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Source: HT