The Supreme Court ruling ordering a CBI probe into the unnatural death of Sushant Singh Rajput will be remembered as a case where a single judge bench exercised the powers under Article 142 of the Constitution. Justice Hrishikesh Roy cited the Justice L.S. Panta judgement, "Under Article 142 of the Constitution, this court in exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any ‘cause’ or ‘matter’ pending before it. The expression ‘cause’ or ‘matter’ would include any proceeding pending in court and it would cover almost every kind of proceeding in court, including civil or criminal."
"This Court's power under Article 142(1) to do complete justice is entirely of different level and of a different quality. What would be the need of ‘complete justice’ in a cause or matter would depend upon the facts and circumstances of each case and while exercising that power the Court would take into consideration the express provisions of a substantive statute. The above ratio makes it amply clear that the Supreme Court in a deserving case, can invoke Article 142 powers to render justice. The peculiar circumstances in this case require that complete justice is done in this matter. How this is to be achieved must now be decided." Justice Roy cited the Panta judgement.
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Justice Roy noted that Bihar and Maharashtra governments are making acrimonious allegations of political interference against each other, and the legitimacy of the investigation has come under a cloud. "These developments unfortunately have the propensity to delay and misdirect the investigation. In such a situation, there is reasonable apprehension of truth being a casualty and justice becoming a victim. As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of plenary power in the present matter," observed Justice Roy.
Now, as the case has been handed over to CBI, the investigative body is said to write to Mumbai Police to share all the evidence it has collected in the probe. The CBI will seek details of the autopsy report, crime scene photographs from the Mumbai Police and the same will be shared with the forensic experts posted at CFSL. The sources said that the agency will demand the statements of all the persons whose statements were recorded in the last two months and the electronic devices of the late actor which are with the Mumbai Police. The sources said that a team of CBI's IT cell probing the case will soon visit Mumbai and recreate the crime scene and if required it will seek the help from the Mumbai CBI branch for more personnel. The CBI will also probe that why the Mumbai Police did not act on the complaint of the actor's family made on Whatsapp in the month of February this year. The source said that the Mumbai Police officials will also be examined by the CBI SIT.
The SC’s ruling has been hailed by Sushant’s family as they expressed their faith on India’s robust judiciary. They released a statement that read, “We, Sushant's family, thank our friends, well-wishers. Media and millions of fans worldwide for their love for Sushant and support for us. We are particularly thankful to Shri Nitish Kumar, Hon'ble Chief Minister, Bihar for setting the wheel of justice in motion. Now that the country's premier investigating agency has taken over, we believe that all those involved in the dastardly crime will be brought to justice. We believe that public trust in institutions is important, today's development has reaffirmed our faith in India as a robust democracy. We love our country more than ever."
Justice Roy said that Sushant was a talented actor who passed away before his full potential was reached. In a 35-page order he said, “When truth meets sunshine, justice will not prevail on the living alone but after life's fitful fever, now the departed will also sleep well. Satyameva Jayate. Equally importantly, when integrity and credibility of the investigation is discernible, the trust, faith and confidence of the common man in the judicial process will resonate. Therefore while according approval for the ongoing CBI investigation, if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well. It is ordered accordingly. Therefore, a fair, competent and impartial investigation is the need of the hour. The expected outcome then would be a measure of justice for the complainant, who lost his only son. Accusing fingers are being pointed and people have taken the liberty to put out their own conjectures and theories. Such comments, responsible or otherwise, have led to speculative public discourse which has hogged media limelight. These developments unfortunately have the propensity to delay and misdirect the investigation. In such a situation, there is reasonable apprehension of truth being a casualty and justice becoming a victim.”
Bihar DGP Gupteshwar Pandey has hailed SC’s order for a CBI probe in Sushant’s case as a ‘victory for justice against injustice’. He said, "I am personally very happy with this decision." After the Supreme Court's decision, Pandey, during a media interaction here, said that the Bihar police was acting in a constitutional and legal manner from the beginning in this case but accusations were made against the Bihar police. Now the Supreme Court has justified the work done constitutionally by the Bihar Police and given it a stamp of approval, said the DGP. He said that due to this decision of the Supreme Court, people's faith in the court will rise and the family of Sushant will get justice. The DGP stated that the Mumbai Police was acting wrongly in this case right from the beginning. He appealed to the people to be patient and said that now the result of investigation in this case should be awaited.
On the other hand, Shiv Sena MP Sanjay Raut said that raising doubts on the capability of Mumbai Police is ‘a conspiracy against the city police’. He said, “The Mumbai Police are fully capable of doing a good investigation... They investigated the matter with complete integrity." However, he said he would not comment on the legal proceedings which either the Mumbai Police Commissioner (Param Bir Singh) or the state Advocate-General would speak on. The apex court judgement, while observing that the Mumbai Police did not err in the probe in any manner, also said it was wrong to create hurdles in the way of the Bihar Police team investigating the case in Mumbai.
Raut reiterated that Maharashtra is known for always striving for truth and justice and always ensuring that everybody -- big or small -- is not above the law and all can expect to get justice. When questioned about Tourism Minister Aaditya Thackeray, Raut said not to bring his name, but remained silent whether the state government would challenge the apex court ruling. Raut had consistently opposed the move to hand over the probe to the CBI in the Sushant case.
