Nagpur: Terming the custody of Aryan Khan, son of Bollywood superstar Shah Rukh Khan, as blatant disregard of Apex Court ruling, the Shiv Sena leader Kishore Tiwari has approached the Supreme Court urging it to protect fundamental human rights and stop abuse of powers and vendetta game against film industry by a NCB officer, who is also a husband of a film celebrity.
In an email sent to Chief Justice of India and other Judges of the Supreme Court, Tiwari, who is also granted rank & status of Minister of State (MoS) being President of Farmers Mission of State of Maharashtra, has filed his petition under Article 32 of Constitution of India to take suo moto cognizance to protect the fundamental human rights of Aryan Khan, an accused under NDPS Act in the crime registered by Narcotics Control Bureau (NCB), Zonal Office, Mumbai.
The petition has requested the Apex Court to institute high level judicial enquiry into the malfide style, approach and affairs of NCB at Mumbai and its officials targeting film celebrities and some models since last two years.
The Shiv Sena leader, in his petition to the Supreme Court, has submitted that as per provisions of Article 32 and other relevant provisions under Indian Constitution along with inherent powers under Code of Criminal Procedure, the Supreme Court of India is duty bound to take cognizance of every matters brought before it , so far as violation of fundamental rights guaranteed under Part III of the Constitution of India is concerned.
“In this background, I am most respectfully submitting the present petition with the humble request 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 humiliation and kept in jail in a most undemocratic and illegal way,” Tiwari stated.
He further submitted that he would also like point out towards the malafide style, approach and dirty vendetta affairs of NCB at Mumbai and its officials targeting select film celebrities and few models since last two years and would like to request to the court to institute special judicial investigation and enquiry to unearth role of a NCB official whose wife at Mumbai is also a film celebrity, having direct competition with the models and film celebrities against whom her husband NCB officer is taking action under NDPS Act in most mala fide manner.
Dwelling on the instant case, Tiwari pointed out the series of crimes registered by NCB, Mumbai, more particularly the present one registered by NCB which presently is under judicial cognizance of Special (NDPS) Court at Mumbai in which few innocent people including, one 23-year-old boy Aryan Khan, is kept in jail for past 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 per 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 of entry to his wife who is a model and celebrity,” the Shiv Sena leader claimed.
The petition further said that it is equally important to see the malafide style, approach and dirty vendetta affairs of NCB at Mumbai and its officials targeting select film celebrities and 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 and film celebrities against whom her husband NCB official is taking action under NDPS Act.
“It is most relevant to note that this Hon’ble Court time & again upheld that ‘The right of an accused, an undertrial 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,” Tiwari pointed out.
Bringing to the notice of the Supreme Court that in the present case, the law enforcement agencies NCB as well as the Special Court below has failed to give due regards to the law settled by this highest court. Tiwari said, 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.
“It is very relevant and painful to note that someone remains in 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,” Tiwari asserted.
Tiwari’s petition also drew attention of the Supreme Court towards the malafide, autocratic style, approach and dirty vendetta affairs of NCB officer at Mumbai, targeting select film celebrities and 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 and film celebrities against whom her husband NCB official is taking action under NDPS Act . “In light of above, I would like to request the Apex Court to institute special judicial investigation and enquiry to unearth the role of NCB official whose wife is said to be instrumental in crafting cases against competitor film celebrity,” the Shiv Sena leader stated.