The Central Bureau of Investigation (CBI) stated before the Bombay high court on Friday that it had not reached the stage where it had sufficient material to arrest IRS officer and former Mumbai zonal director of the Narcotics Control Bureau (NCB), Sameer Wankhede, in the alleged corruption and extortion case related to the arrest of actor Shah Rukh Khan’s son Aryan Khan in a 2021 drug bust case.
The statement was made by the CBI counsel, Kuldeep Patil, on instructions from CBI officers present in the court, after a pointed question by Justice Ajey Gadkari.
Court questioned CBI
A division bench of Justices Ajay Gadkari and SG Dige questioned the CBI, after the investigating agency repeatedly urged the court to recall its earlier order granting interim protection from coercive action against Wankhede.
The HC, on May 19, granted interim protection to Wankhede while hearing his plea seeking the quashing of the FIR filed against him by the CBI.
CBI case based on NCB's special enquiry findings
The CBI case is based on the findings of the NCB’s special enquiry team (SET), which was formed after controversies swirling around the Cordelia Cruise drug bust case and the arrest of Aryan Khan on October 3, 2021.
“Tell us openly that the stage of section 41(3) has reached. So 41A notice is a charade created. Both things cannot go together,” said Justice Gadkari.
CBI sought to cancel protection given to Wankhede
Wankhede was issued notice under 41A of the Code of Criminal Procedure (CrPC). As per section 41A CrPC, police may, in cases where arrest is not warranted, issue summons to the accused person and record his or her statement.
However, notice under 41(3) of the CrPC is issued when there is sufficient material against a suspect to warrant his arrest.
To this, Patil said: “As of today, it has not reached that stage [of 41(3)].”
The CBI has sought to cancel protection given to Wankhede saying that it will cause ‘prejudice’. “What if he doesn’t cooperate (with the investigation)? Give us a free hand,” argued Patil.
The bench then asked what prejudice it would cause and whether the investigating agency proposed to arrest Wankhede.
“Which order is causing prejudice? What coercive action do you want to take? You have given 41A notice. How can you arrest?” asked Justice Gadkari.
CBI asked to produce case diary on June 28
The court then asked the CBI to show the case diary (the register which details progress in the probe in a case), and Patil responded that it would be produced next week.
Irked, Justice Gadkari said: “You are asking us not to extend relief (to Wankhede). Is it not necessary for the court to see the case diary and see progress in the investigation?” He added: “The indication of your arguments is that you want to arrest somebody. Then show us. Until and unless we see the case diary we will not … (recall protection order).”
The HC has asked the CBI to produce the case diary on June 28. Meanwhile, it continued interim protection to Wankhede.
Wankhede's counsels file amendment to their plea
Wankhede’s counsels — Aabad Ponda, Rizwan Merchant and Karan Jain — said that they had filed an amendment to their plea, stating that the NCB ought to have taken prior sanction against him from the ministry of finance, as he was employed with the Union government. Wankhede has claimed that, at the relevant time, his tenure with the NCB was ‘on a loan basis’. The NCB has taken sanction from the ministry of home.
‘Name SRK, Aryan & Dadlani as accused’
During the hearing, advocate Nilesh Ojha informed the court that a social activist, Rashid Khan, has filed a criminal PIL seeking that Aryan Khan, Shah Rukh Khan and his manager Pooja Dadlani, who reportedly paid the bribe, should be added as accused by the CBI. The CBI counsel said that they were still investigating the matter and would look at all the aspects. “We will look into whom to make a witness and whom to make an accused. Our investigation is going on. There is some material. Everything is investigated. Whatever he (Ojha) is saying will be investigated.’’
