The petition filed by actor Rhea Chakraborty seeking the transfer of the investigation in the death of Sushant Singh Rajput from Patna to Mumbai has become 'infructuous' since the case was transferred to the Central Bureau of Investigation (CBI), the late actor's father submitted before the Supreme Court on Saturday.
The submissions were made by KK Singh, father of Sushant Singh Rajput, in a counter-affidavit filed before the Supreme Court on Rhea's plea in the matter.
It said that the investigation in the FIR, registered in Patna, has already been transferred to the CBI and thus the present prayer (to transfer the probe to Mumbai) now stands infructuous.
"Secondly, the prayer is also not maintainable since there is not a case said to be pending which could be transferred under Section 406 of the Code of Criminal Procedure (CrPC)," Singh said in his counter-affidavit.
"The grievance of the petitioner (Rhea Chakraborty) that the Patna police would investigate the present case in an unfair and discriminatory manner does not subsist," the affidavit said.
It also mentioned that Rhea, through her social media, had requested the Union Home Minister Amit Shah for a CBI inquiry in the case. Now that the case has been handed over to the CBI as the Union of India (UOI) has accepted the said request, the petitioner should not have any grievance in this regard, the affidavit said.
Singh also said that Maharashtra Police, by claiming that the present case is nothing but a political attempt to thwart their powers, undermine the federal structure of the Constitution.
"It is rather unfortunate that Singh was being undermined the feelings of a father, who lives in Patna, and has sufficient proof and believes that it is due to the petitioner's continued criminal actions for over a period of one year that caused the death of his only son," the affidavit said.
The development comes after Rhea approached the Supreme Court seeking directions to transfer the case, registered against her in Bihar's Patna for abettment of suicide, to Mumbai.
Recently, the CBI registered a case against Rhea and several others in connection with the death of Sushant Singh Rajput, who was found dead at his Mumbai residence on June 14.
( With inputs from ANI )