Days after Maharashtra Chief Minister Uddhav Thackeray slammed the BJP-led Central government over the drugs-on-cruise case alleging that the drug haul is being used to defame the state, Sena leader Kishore Tiwari has urged Supreme Court to take suo moto cognizance of NCB's 'abuse of power & vendetta game' against Film industry.
This comes days after the NCB's action against Shah Rukh Khan's son Aryan Khan in the cruise drug case. His bail order was reserved for October 20 buy the court.
Shiv Sena leader Kishore Tiwari, while explaing the case of Aryan Khan in his letter to the Apex Court, wrote,"It is most painful that the Special Court has surprisingly postponed the final disposal of bail application and accused has been subjected to big humiliation and kept in jail in a most undemocratic and illegal way."
He also pointed out that the NCB's officer has been taking action as a vendetta against film industry to take revenge due denial entry to his wife who is model and celebrity.
For the unversed, NCB's zonal director Sameer Wankhede's wife Kranti Redkar is a film celebrity and worked in Marathi film industry.
Read the full letter here
Ref : Crime registered by Narcotics Control Bureau (NCB), Mumbai under Ministry of Home Affairs, Govt of India, New Delhi, presently under judicial cognizance of Special Court (NCB)at Mumbai. (ENCLOSED/ATTACHED --- News reports in national/international Media with comments of top legal experts)
Most Hon’ble Sir,
I humbly beg to submit as under that :
1) I am a Citizen of India by birth, residing in the State of Maharashtra at above address.
2) I am law abiding citizen and has full faith & confidence in Constitution of India, I am involved in Social Service since last more than 25 years, raising issues of plight of farmers, tribal, minorities and have pursued many public interest litigation before various statutory authorities.
At present, since last more than 7 years, I am discharging role & responsibility in the Rank & Status of Minister of State (MoS) being President of Farmers Mission of State of Maharashtra.
3) I have full regards & respect for judicial & justice dispensation system under our Constitution to protect the Fundamental Human Rights of citizen residing in India as guaranteed under Part III of Indian Constitution, including Right of accused & under trials of crime, especially basic Rights of Liberty and Right to Life of which Your Lordship in custodian, whenever there is threat of depriving of these Fundamental Human Rights by the law enforcement agencies in India by misusing the provisions of laws of the land.
4) As per provisions of Article 32 and other relevant provisions under our Constitution along with inherent powers under Code of Criminal Procedure, Supreme Court of India and Your Lordship is duty bound to take cognizance of every matters brought before you, so far as violation of fundamental rights guaranteed under Part III of the Constitution of India is concerned.
5) In this background, I am most respectfully submitting the present petition with the humble request to Your Honour to take suo moto cognizance as the law enforcement agencies – NCB under NDPS Act is abusing position and trying to deprive the basic Human Rights of the person accused under NDPS Act and by misconstruing the provisions of the law, the poor, innocent people are being put behind the bars. It is most painful that the Special Court has surprisingly postponed the final disposal of bail application and accused has been subjected to big humiliation and kept in jail in a most undemocratic & illegal way.
6) I would also like point out towards the malafide style, approach & dirty vendetta affairs of NCB at Mumbai and it’s officials targeting select film celebrity & few models since last two years and would like to request Your Honour to order to institute special judicial investigation & enquiry to unearth role of NCB official whose wife at Mumbai is also a film celebrity, having direct competition with the models & film celebrities against whom her husband NCB officer is taking action under NDPS Act in most malafide manner.
7) A serious case, I have brought before your lordship is pertaining to the series of crimes registered by Narcotics Control Bureau (NCB), Mumbai under Ministry of Home Affairs, Govt of India, New Delhi, more perticularly the present one registered by NCB which presently under judicial cognizance of Special (NDPS) Court at Mumbai in which few innocent people including, one 23-year-old boy Aryan Shahrukh Khan, is kept in jail for psat 17 nights, because of failure of Special Court in early disposal of their bail applications in a most unfortunate and highly filmy manners. There is utter disregard to the principles of Right to Life & personal liberty as law settled by this Court apart from a classic example of abuse of powers by one NCB officer who seems to be on vendetta against Film industry to take revenge due denial entry to his wife who is model & celebrity.
8) It is equally important to see the malafide style, approach & dirty vendetta affairs of NCB at Mumbai and it’s officials targeting select film celebrity & few models on the alleged charge of drugs abusers since last two years and would like to request your honour to institute special judicial investigation & enquiry to unearth role of NCB official whose wife at Mumbai is also a film model /celebrity having direct competition with the models & film celebrities against whom her husband NCB official is taking action under NDPS Act.
9) It is most relevant to note that this Hon’ble Court time & again upheld that “The right of an accused, an under trial prisoner or a convicted person awaiting appeal court’s verdict to seek bail on suspension of sentence is recognised in Sections 439, 438 and 389 of the Code of Criminal Procedure is an inherent right,” a judgment by a Bench of Justices L. Nageswara Rao and Aniruddha Bose clearly states that “bail is the norm, jail is an exception” and the issue settled many years ago by the Supreme Court, since the most established tenet of the Constitution is the ‘Right to Life’ and ‘Right to Liberty’, not only for Indians, but also foreigners in India.
10) It is humbly brought to your notice that in the present case, the law enforcement agencies NCB as well as the Ld. Special Court below has failed to give due regards to the law settled by this highest Supreme Court. In the present case, If they want to give him (Khan) bail, it can be done right away, even on public holidays, but there is total miscarriage of justice as such an important case is pending since last 12 days.
11) It very relevant and painful to note that its incredible that someone remains inside (jail) for so many days without seizure of drugs or any other proof. No medical report of consumption, so no consumption. I am very much surprised that how can Aryan be held in custody, when the max sentence would be one year, even assuming that he has taken drugs, but his fundamental rights guaranteed under Part III of our Constitution are to be protected till his conviction under NDPS Act.
12) As mentioned above, the Malafide, autocratic, style, approach & dirty vendetta affairs of NCB officer at Mumbai, targeting select film celebrity & few models since last two years is also a matter of big concern given a fact that officer’s wife at Mumbai is also a film celebrity having direct competition with the models & film celebrities against whom her husband NCB official is taking action under NDPS Act . In light of above, I would like to request your honour to institute special judicial investigation & enquiry to unearth role of NCB official whose wife is said to be instrumental in crafting cases against competitor film celebrity.
13) It is most important to note that the charge that the NCB officer concerned is acting to take vendetta against select film celebrity & model because the fact is that
A) His wife is well-known Marathi actress performing in Mumbai film industry..
B) Apparently, she has not been able to make it Big in Bollywood, so is this ongoing NCB operations seems out of a personal vendetta only.
C) In past 15-18 months, what motive for targeting only top film personalities, their families, national-international models, producers-directors, etc., Starting from the Sushant Singh Rajput death matter, the probe is TOTALLY DIVERTED in an unrelated direction.
D) The alleged NCB seizures are miniscule Jokes, compared to Mumbai Police achievements, OR the DRI which last month seized 3000-kgs drugs from Mundra Port in Gujarat.
E) With recent shocking exposes on NCB made by Maharashtra Minister Nawab Malik, it’s high time the NCB Mumbai & all-India must be PROBED by a SC judge to unravel the rackets and the TRUTH.
14) PRAYER : It is, therefore, a fit case for immediate intervention by this Court and Your Lordships may please to take suitable cognizance in the matter as it is very important case of protection of human life & liberty as keeping innocent people in jail without disposal of bail application is just unfortunate and miscarriage of justice and utter disregard of the principles of Right to Life & Personal Liberty as guaranteed under Part III of our Constitution and uphold by this Court by virtue of inherent & constitutional powers, especially Article 142 of our great Constitution.
In view of the above, with this petition, I most respectfully pray to take suo moto cognizance on TOP PRIORITY to protect the fundamental Human Rights of Mr Aryan Shahrukh Khan, an accused under the crime registered by Narcotics Control Bureau (NCB), Mumbai under Ministry of Home Affairs, Govt of India, New Delhi and also order judicial enquiry and investigation in to the malafide role & vendetta style of working of NCB officer whose wife is in competition with other film celebrity/ model against whom NDPS Act action taken by this biased NCB officer.
(Letter by the leader has not been edited)
