In an affidavit filed before the Supreme Court, the Mumbai police said the Central Bureau of Investigation should have waited for the apex court decision in the matter before registering the case.
The Mumbai police on August 8 opposed a Central Bureau of Investigation (CBI) probe in the Sushant Singh Rajput death case, telling the Supreme Court that it was carrying out a professional and impartial investigation in the matter.
Rajput, 34, was found hanging from the ceiling of his apartment in suburban Bandra in Mumbai on June 14.
In an affidavit filed before the top court, in response to a petition by Rhea Chakraborty seeking transfer of an FIR lodged by the Bihar police to Mumbai, the Mumbai police said the CBI should have waited for the apex court decision in the matter before registering the case.
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The affidavit filed by police inspector posted at Bandra Police Station said that Bihar Police did not have the jurisdiction to investigate the FIR or examine witnesses and said the question of co-operation by the Mumbai Police into the simultaneous inquiry by the Bihar Police did not arise.
It alleged that that the registration of FIR in Patna by Bihar Police was "politically motivated and violated the principles of federalism enshrined in the Constitution". The Mumbai police said that the Bihar police could only have registered a 'Zero FIR (crime not falling in its jurisdiction) and sent it to Mumbai and did not have the legal authority to transfer it to the CBI.