In a major relief for actress Rhea Chakraborty, the Supreme Court on Friday (October 25, 2024) rejected a petition from the Central Bureau of Investigation (CBI), Maharashtra state, and the Bureau of Immigration, which challenged the Bombay High Court’s decision to nullify the look-out circulars (LOCs) issued against her, her brother Showik, and her father, Lt Col Indrajit Chakraborty (retd), in connection with the Sushant Singh Rajput death case.
A bench of Justices BR Gavai and KV Viswanathan orally observed that the petition was ‘frivolous’ and was filed merely because the accused were ‘high-profile’, Live Law reported.
Justice Gavai reportedly warned the CBI counsel, noting that they had filed a frivolous petition solely because one of the accused was a high-profile individual. He cautioned that the petition could result in an exemplary cost, emphasizing that both individuals have strong ties within society when the counsel requested a pass over on the matter.
Justice Gavai remarked that if the CBI was seeking costs along with some ‘compliments,’ a pass-over would be granted. Earlier in February, the Bombay High Court had nullified the LOC issued by the CBI in 2020 against Rhea Chakraborty and two of her family members concerning the death of Sushant Singh Rajput.
A bench comprising Justices Revati Mohite Dere and Manjusha Deshpande granted approval to the petitions filed by Rhea Chakraborty, her brother, and their father, challenging the LOCs that restricted their international travel.
An LOC, when issued by an investigative agency, enables the Bureau of Immigration to either detain an individual, prevent them from boarding a flight, or inform the concerned agency if the individual attempts to leave the country.
The high court officially lifted the LOC following an earlier suspension by a vacation bench in December, which allowed Rhea Chakraborty to attend a meet-and-greet event in Dubai, despite strong objections from the CBI.
In earlier hearings, the court had challenged the justification for issuing LOCs solely on the grounds of an FIR being filed against the actress.
Jurisdiction became a point of contention, as the initial FIR was lodged in Patna by Sushant Singh Rajput’s family before the CBI took over in Delhi. s legal team argued for Mumbai’s jurisdiction, pointing out that both parties resided there and that the investigation was conducted locally.
The bench expressed concern about the case remaining open since 2020 without a charge sheet from the CBI, underscoring the importance of timely resolution in legal matters.
The court also questioned the grounds for issuing LOCs, while Chakraborty’s lawyers contended that an LOC should be issued only if there was substantial proof of the accused actively evading arrest or court appearances.
