07/08/2020

Sushant case: DoPT, Bihar notifications which enabled CBI FIR not marked to Maha govt. 





New Delhi, Aug 6: While the investigation of actor Sushant Singh Rajput's death had ignited a bitter inter-state confrontation between Maharashtra and Bihar over the issue of jurisdiction, the notifications by the Bihar government and the Centre, which enabled the case being transferred to the Central Bureau of Investigation (CBI), have not been forwarded to the Maharashtra government.

Elaborate paperwork and notifications have been done by the Central government's Department of Personnel and Training, under which the CBI comes, and the Bihar governments to clear the issue of jurisdiction and transfer the FIR from Bihar to the CBI's jurisdiction.

The Mumbai Police had been investigating the actor's mysterious death in Mumbai but after Sushant's father, Krishna Kumar Singh, filed a FIR in Patna naming actress Rhea Chakraborty and her family as accused, the Bihar Police had swung into action.

It had sent a team of officers to Mumbai to gather evidence against Rhea where there were allegations of non-cooperation by the Mumbai Police. After this, demands for a CBI probe began to gain traction.

The case has been transferred to the CBI after two notifications on August 4 and 5, one each from the Bihar government and the Department of Personnel and Training. Both notifications have been issued under the purview of the Delhi Special Police Establishment (DSPE) Act, 1946.

The Bihar notification comes with the assent of Bihar Governor in exercise of powers conferred under Section 6 of the Act. It accords consent to exercise of powers and jurisdiction to the whole of Bihar and other places related to the case to the members of the DSPE to investigate the FIR registered in Rajiv Nagar, Patna, related to death of the Bollywood actor.

The notification had been issued by Bihar's Home Department (Police Branch) and a copy has been forwarded to the Additional Secretary and Joint Secretary, Department of Personnel; the CBI Director; the Director General of Police, Bihar; the DIG, CBI, Patna; the Additional Secretary, Union Home Ministry; and the Principal Secretary to the Bihar Governor.

The second notification by the Centre' Department of Personnel and Training is similar. This notification, issued on Wednesday, says that the Central government, with the consent of the Bihar government, extends the powers and jurisdictions of the members of the DSPE to the whole state of Bihar with reference to the FIR registered in Patna related to Sushant's death and "any attempt, abetment, conspiracy in relation to the offence.."

The DoPT notification is marked to the Chief Secretary, Bihar; the Director, CBI; and the Director of Prosecution, CBI.

In these two notifications specifying jurisdiction, there is no mention of the Maharashtra government and neither have any copies of the notifications been marked to Maharashtra government.

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