The Mumbai Police, in an affidavit filed in the Supreme Court, denied that sending IPS officer Vinay Tiwari into quarantine was aimed at obstructing the investigation by the Bihar Police in the case registered by late Bollywood actor Sushant Singh Rajput's father in Patna.
It also submitted that pending the present proceedings, the Central Bureau of Investigation ought not to have gone ahead to register a case and constitute a team for conducting the investigation.
On August 5, the top court had sought a response from Mumbai Police, during the hearing of plea by Rhea Chakraborty seeking transfer of case filed by Sushant's father from Patna to Mumbai.
Clarifying on the quarantine of the Bihar Police officer, the police said: "In fact, such step was taken by the Municipal Corporation for Greater Mumbai and not by police authorities."
The Mumbai Police insisted that in view of the facts and circumstances of present case, it is only the Maharashtra government, which is competent to give consent under Section 6 of the Delhi Special Police Establishment Act, for transferring the case to the CBI because the cause of action has arisen solely and completely within the state alone.
Not only the death but each and every part of the cause has taken place in Mumbai, it said, noting that neither the jurisdiction lay in Bihar nor the investigative jurisdiction lay with the Bihar Police.
It also argued that Sushant's father, despite being aware of the fact that the Mumbai Police were investigating his son's death, did not ever make any request to register an FIR against Rhea and her family members.
"On the contrary, the statements of all the close relatives of the deceased, including the respondent No. 2 (Sushant's father) as soon as possible after the said death, demonstrate that none of them had any suspicion about the suicide committed by the deceased or against anybody whosoever in that regard," said the affidavit.
It said it is important to note that these statements were recorded first in point of time, unlike the subsequent statements with numerous improvements that are apparently tainted with after-thought, to say the least.
The Mumbai Police also said the CBI should have waited for the final decision of the present proceedings in the apex court. "Suffice it to say that, the indecent haste with which the CBI has proceeded in this regard speaks for itself," said the affidavit.
It maintained that it is investigating the incident fairly, properly, professionally and impartially. It also said the investigation into the case is still ongoing and hence it is in the interest of justice that the details of the investigation are not shared with any other person, except the top court.
The top court is slated to hear the matter on August 11.
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