‘Frivolous’: SC slams CBI, rejects plea on quashed LOCs against Rhea Chakraborty

New Delhi: In a scathing rebuke, the Supreme Court on Friday dismissed a plea by the Central Bureau of Investigation (CBI) challenging the Bombay High Court’s order that quashed Look-Out Circulars (LOCs) against actor Rhea Chakraborty and her family. The LOCs were issued as part of the CBI’s investigation into the death of actor Sushant Singh Rajput.

A bench comprising Justices B R Gavai and K V Viswanathan criticised the probe agency, terming the petition “frivolous” and warning the CBI of possible penalties. “If you want cost and some compliments to the CBI, we will pass-over,” remarked the bench. Justice Gavai highlighted that the petition appeared to be filed solely because one of the accused in the case was a high-profile individual, indicating judicial frustration with what it considered unnecessary litigation.

Initially, the CBI’s counsel requested the matter to be deferred as their lead counsel was involved in another case. When the CBI’s counsel did appear, the court repeated its warning, stating: “Don’t come tomorrow, otherwise costs and compliments to the CBI.”

The Bombay High Court had earlier, on February 22, 2023, quashed the LOCs against Chakraborty, her brother Showik, and parents Indrajit and Sandhya Chakraborty. The High Court ruled that the LOCs, which were issued in 2020, could not be justified merely by the registration of an FIR and had no substantial basis given that the Chakrabortys cooperated with the investigation, appearing whenever summoned.

The High Court also highlighted the coercive nature of an LOC, which significantly restricts an individual’s liberty, curtailing their fundamental right to free movement and travel under Article 21 of the Constitution. The court stressed that an LOC should only be issued with valid reasons, specifically to compel surrender or prevent flight risk, neither of which were evidenced in this case.

Rajput, a popular Bollywood actor, was found dead in his Bandra apartment on June 14, 2020, after which the Mumbai police initiated an accidental death investigation. However, the case was later transferred to the CBI following a complaint from Rajput’s father, who alleged that Chakraborty and her family abetted his son’s suicide. In a separate drugs-related case connected to the actor’s death, both Rhea and Showik were arrested by the Narcotics Control Bureau in 2020 but were later granted bail.