Mumbai, Aug 7: Unless Maharashtra Government consents to CBI investigation in the Sushant Singh Rajput's death case, it would be illegal, affecting the federal structure of the country, said actor Rhea Chakraborty's lawyer.
The Central Bureau of Investigation (CBI) has registered and continued the illegality which was perpetrated at the hands of Bihar Police in connection with the case, he added.
"The Bihar Government transferred a case with which it had no jurisdiction to investigate, to CBI instead of the Mumbai Police which is the legal position. The Supreme Court is seized of the issue pursuant to the transfer petition filed by Rhea Chakraborty," said Satish Maneshinde Chakraborty's lawyer.
The Supreme Court has directed all parties to file their replies and Mumbai Police is directed to place the report of investigations, he added.
"Pending the said proceedings the CBI has registered and continued the illegality which was perpetrated at the hands of Bihar Police.
CBI being a premier investigative agency in the country should desist from taking any further steps pending the SC proceedings. Apart from the same unless the Maharashtra Government consents to CBI investigating the case ... it would be totally illegal and beyond any known legal principles, affecting the Federal Structure of the Nation," said Maneshinde.
The Special Investigation Team (SIT) of the CBI that is probing high profile cases of Vijay Mallya and AgustaWestland cases will now investigate the Sushant Singh Rajput's death case.
The investigating agency has registered a case against six accused including Bollywood actor Rhea Chakraborty and others in connection with the Rajput's death.
The sources in CBI said that six accused in the case will be summoned soon for questioning and other persons will also be called for examining which was earlier examined by Mumbai police.
Bihar Chief Minister Nitish Kumar had earlier sent a recommendation to the Central Government for CBI investigation in the case filed in Patna based on the complaint of Sushant's father KK Singh against Rhea Chakraborty under sections including abetment of suicide on July 25.
Sushant was found dead at his Mumbai residence on June 14.
Days after Rajput's death, Rhea Chakraborty said she was the "girlfriend" of the 'Dil Bechara' actor while requesting a CBI inquiry in the case.
Chakraborty has also approached the Supreme Court for transfer of investigation to Mumbai in the FIR registered against her in Patna.
Dismissing the public interest suit by advocate M.L. Sharma, the bench of Justice Jagdish Singh Khehar and Justice R. Banumathi said the amount the actor's father Salim Khan claimed to have been spent in the course of the litigation may have gone as fee of the lawyers.
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