Bombay HC reserves order on Rhea Chakraborty's plea challenging LOC, questions CBI for delay in chargesheet in Sushant Singh Rajput case 

Rhea Chakraborty (Pic/Instagram)

The Bombay High Court on Thursday reserved its order on the plea submitted by actor Rhea Chakraborty, her brother Showik, and their father. The trio had submitted a plea requesting the quashing of the Look-Out Circulars (LOC) issued against them. The notice was issued by the Central Bureau of Investigation (CBI) amid an ongoing investigation into the death of actor Sushant Singh Rajput.

The LOC prevents an individual from traveling outside the country without first seeking the approval of the court. Owing to the look-out notice, Rhea has been unable to fulfill work commitments abroad, leading to the plea to quash the LOC. A high court bench had earlier granted a temporary suspension of the LOC against her, allowing her to travel to Dubai for a meet-and-greet function. Reportedly, during the hearing, the Bombay HC questioned CBI's justification for the LOC and expressed concern over the delay in filing a chargesheet.

During the hearing, the bench comprising justices Revati Mohite-Dere and Manjusha Deshpande questioned CBI's reasoning for LOC based on an FIR. Another point raised was of jurisdiction. The FIR was filed by Rajput's parents in Patna which was then taken over by the CBI in Delhi. Advocates Abhinav Chandrachud and Prasanna Bhangale, representing Chakraborty, argued that Mumbai was the rightful jurisdiction for the case. He emphasized that both Rajput and Chakraborty were residents of the city, and the CBI had conducted its investigations here.

Showik and their father's lawyer Ayaz Khan also stressed that LOC should only be issued if there is concern of the accused actively avoiding arrest or court proceedings, which was not the case. CBI lawyer Shreeram Shirsat argued that a previous order denied Rhea's plea to transfer the case to Mumbai, citing it as a precedent in the jurisdictional debate.

The court further questioned the delay in the case and filing of the chargesheet. Sushant Singh Rajput had passed away in 2020. "There has to be some finality in a case. This is not financial fraud that will take so much time. In one case we saw that there was an LOC issued for a witness who could not go abroad to earn his livelihood. If such is the case, then which witness will come forward? There has to be some discretion as well. What are you fearing if the LOC is quashed," the court asked.

Shreeram acknowledged the corporation of Chakraborty in the case and said, "Just because they are not being summoned does not mean that the investigation is not going on. The question over LOC is only about apprehension. The intention of the person cannot be ascertained until they flee."

In response, the bench stressed the importance of timely legal proceedings, stating, "Three and a half years have passed, and the chargesheet should have seen the light of day."