01/08/2020
Hello friends,
As the alleged su***de/abetment of su***de (S.306 IPC) of Bollywood actor Sushant Singh is rocking the nation and various TV channels have been showing lengthy TV debates and both Bihar Police and Mumbai Police have been wrangling about jurisdictional questions and some political parties, specially BJP and JDU are showing extra enthusiasm to investigate the matter through Bihar Police keeping in view of Bihar Assembly elections round the corner or refer the matter to CBI by sending referral letter by Bihar Government, I want to put certain legal points for clarity of our group members. It is becoming more important because the TV discussions are turning into great cacophony and correct legal points are not being discussed, even though Senior Advocates are appearing.
Only Mumbai Police has got jurisdiction to investigate the matter and/or register the FIR but Bihar Police has absolutely no jurisdiction to register the FIR that it erroneously has done, albeit under political pressure as the CM Nitish Kumar himself took keen interest in the matter. The reasons is that Sushant committed su***de or su***de was allegedly abetted in Mumbai. Hence, the police station, in which his residence falls has the jurisdiction to investigate the matter. The FIR shall be registered in that police station. By no stretch of imagination, the jurisdiction cannot be conferred on Patna Police, as the deceased actor’s father is staying in Patna. And also the jurisdiction cannot be transposed over Patna police on the allegation of Sushant’s father or sister, that Mumbai Police has not been acting in accordance with law. If that is the contention of father, he should file information about abetment of su***de in the Bombay police Station u/s. 154 Cr.P.C. If the police refuses to register FIR and act on his complaint, he should send complaint in writing and by post to the DCP and CP of Mumbai for directing the SHO to register FIR and start investigation. Even if both DCP and CP will not act as stipulated by law, then he can approach area Metropolitan Magistrate U/S. 156(3) Cr.P.C. seeking directions of registration of FIR and investigation to bring the culprits to book. If, even the MM refuses to take action, then father of the deceased action can approach HC of Mumbai under Article 226 and 227 of the Constitution of India to get the FIR registered and investigation started. If he does not believe in the impartiality of Mumbai Police investigation, he also can approach ONLY MUMBAI HIGH COURT for referring the matter to the CBI.
What I want to say is that Bihar police has no business to register FIR (if they registered FIR, they can give ZERO FIR and transfer it to the concerned Police Station in Mumbai, but should not start investigation. Similarly, Bihar political leaders have no legal right to ask Bihar Police to start investigation and similarly Bihar CM has no right to refer the matter to the Centre asking it to get the investigation done CBI.
In India, politicians behave like they are above law.
