Apex Court to hear the Bail petition of Rhea Chakraborty which was granted to her, as challenged by Central Government:
Today, the Supreme Court agreed to hear next week the appeal filed by the Central government against the Bombay High Court’s order granting bail to Bollywood actress Rhea Chakraborty.
The Bench of Chief Justice of India SA Bobde, Justices AS Bopanna, and V Ramasubramanian was hearing an appeal by the Central government challenging the October 2020 order of Bombay High Court granting bail to Chakraborty in cases registered against her under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) by the Narcotics Control Bureau (NCB).
When the matter was taken up by, Solicitor General Tushar Mehta claimed that the High Court order would render the NDPS Act “meaningless”. He said,
“We know you will not interfere in the grant of bail. But my worry is Bombay High Court has made wide ranging interpretation of NDPS Act which will make the Act meaningless.”
CJI SA Bobde then clarified,
“We interfere in bail. But you can come here only if you challenge the bail order and not finding of the High Court in a bail order.”
SG Mehta then sought the Court’s leave to amend the appeal. He said that the Centre would challenge the High Court’s finding on the NDPS Act, as well as the grant of bail itself.
Rhea Chakraborty and others including her brother Showik Chakraborty, Abdel Basit Parihar, Samuel Miranda, and Dipesh Sawant are accused of having facilitated the procurement of drugs for consumption by late actors Sushant Singh Rajput. They had filed bail applications before the Bombay High Court after their bail pleas were rejected by a Special NDPS Court in Mumbai. The High Court had granted bail to Chakraborty, Sawant, and Miranda but rejected the bail pleas of Abdul Parihar and Showik Chakraborty.
Rhea Chakraborty’s bail application was allowed by the High Court subject to furnishing a PR Bond of Rs. 1 lakh, among other conditions.She was also restricted from leaving the country as a bail condition.
More than five months later, the Centre approached the Supreme Court in an appeal against this order.