Frivolous: SC rejects CBI plea challenging quashing of LOCs against Rhea Chakraborty in Sushant case
Calling it "frivolous", the Supreme Court on Friday dismissed a plea of the CBI challenging a Bombay High Court order that quashed the look out circulars (LOC) issued against actor Rhea Chakraborty and her family in the death case of actor Sushant Singh Rajput. A bench comprising Justices B R Gavai and K V Viswanathan warned the probe agency and remarked it had moved a "frivolous petition" only because one of the accused was a high-profile person. The bench further warned to impose costs on the probe agency for filing such a plea.
"If you want cost and some compliments to the CBI, we will pass-over," the bench said. When the matter was first called out for hearing, a lawyer sought it to be passed over as the main CBI counsel was in another court. When the matter came up later, the counsel for the CBI appeared in court.
"Don't come tomorrow, otherwise costs and compliments to the CBI,” the bench reiterated. The Bombay High Court had on February 22 quashed the LOCs issued against Chakraborty and her brother Showik and their parents -- Indrajit and Sandhya. The high court held the LOCs -- issued against them in 2020 -- could not be sent out on the mere registration of an FIR while allowing the pleas of the Chakrabortys. The actor and her family members were observed to have cooperated with the investigation of the CBI by appearing before the agency whenever summoned without attempting to evade it.
"An LOC is a coercive measure to make the person surrender and as such interferes with the person's right of personal liberty and free movement and curtails the fundamental right of an individual to travel, guaranteed under Article 21 of the Constitution," the high court had said.
The bench added the reason for issuing an LOC -- the apprehension of the agency -- needed to be spelt out.
Rajput was found dead in his apartment in suburban Bandra on June 14, 2020 following which the Mumbai police registered an accidental death report and started the probe. Rajput's father, however, in July 2020 lodged a complaint with the Bihar police, alleging the actor's purported girlfriend Chakraborty and her family members had abetted his suicide. The case was later transferred to the CBI, which has been investigating it. In 2020, both Rhea and Showik were arrested by the Narcotics Control Bureau in a drugs case related to Rajput but were granted bail later.