A Petition Against Observations Cannot Be Filed : SC In Rhea Chakraborty Case

KEY TAKEAWAYS

• The case is in relation to Rhea Chakraborty bail plea granted by the Bombay High Court.
• The centre through Solicitor – General Tushar Mehta had filed a petition against the observations made by the Bombay High Court about the scope of Section 27A of NDPS Act.
• Chief Justice S.A Bobde told that one cannot file a petition against the observations and can only challenge the order.
• Thus Solicitor General requested some time to amend the petition thereby to challenge against the grant of bail.

BACKGROUND DETAILS

• Rhea Chakraborty was recently granted bail by the Bombay High Court in the drugs case in connection with actor Sushant Singh Rajput.
• The Central Government through NCB i.e. Narcotics Control Bureau filed a petition against the observations made by the Bombay High Court .
• The bench pointed out at the fact that the petition does not challenges the bail granted to the actor rather it challenges the observations made by the court.
• Justice S.A Bobde made it clear that one cannot file a petition challenging against the observations made by the court as the observations made are prima facie.
• The bench hearing the petition was headed by CJI S.A Bobde also comprising Justice A.S Bopanna and Justice V. Ramasubramanian.

FURTHER DETAILS

• The Bombay High Court made the following observations in the Rhea Chakraborty drug case while granting her bail

- Firstly the High Court wasn’t satisfied and rejected the arguments put forth by NCB regarding the actor’s involvement in facilitating drug trade and being a part of drug dealers.
- She has not forwarded the drugs allegedly procured by her for any monetary benefits so cannot be called a drug dealer.
- The court also in its observations contended that there were no reasonable grounds to believe that she should be punished under Section 27A of NDPS Act.
- The court further interpreted the term ‘financing illicit trade' under Section 27A saying - mere giving money to another would not mean financing illicit trade.
- Further, financing shall be interpreted to mean providing funds to make a particular activity operate or sustain. And here the term financing under this section would relate to activities involving illegal business.

• Solicitor General Tushar Mehta said that what made him worry is the observations made by the court about the NDPS Act which makes it unworkable.
• The CJI contended that the centre can challenge the order passed by the court not the observations made by a court.

CONCLUSION

Solicitor General requested the Hon’ble Court to grant some time to amend the petition to include challenging the order of grant of bail to the actor. As the request was granted by supreme court the petition to be heard is listed for next hearing.

A new thing came up before the court which even made the court wonder and find it bizarre to understand how can observations be challenged which are made prima facie. But however made it clear that only petitions can be filed to challenge any order.