Bribery case: Sameer Wankhede relies on chats with Shah Rukh Khan; Bombay High Court grants interim relief till May 22

Former Narcotics Control Bureau (NCB) Mumbai zonal director Sameer Wankhede relied upon text messages with actor Shah Rukh Khan to claim that he had not made any demands from the Bollywood actor to do favours for latter's son Aryan Khan who had been arrested in a drug case in 2021. .Wankhede made the claims in his petition before the Bombay High Court seeking quashing of the first information report (FIR) registered by CBI against him and others for extortion and corruption. During the hearing today, a vacation bench of Justices Sharmila Deshmukh and Arif Doctor directed Wankhede to approach the CBI office at Mumbai on May 20. Importantly, it directed the CBI not to arrest Wankhede till May 22, 2023. Wankhede claimed that the allegations that Aryan Khan was arrested only to extort money in exchange of his release, was blatantly false. He substantiated the argument by reproducing messages allegedly sent by Shah Rukh Khan to him on his mobile phone between October 3 to 15, 2021 when Aryan Khan was under the custody of Narcotics Control Bureau (NCB) in the drug case. Wankhede contended that the conversation between him and Khan over messages nowhere suggested either a demand made or caused to be made for extending a favour to Aryan’s advantage. “It can be clearly seen from the messages sent by Mr Shahrukh Khan himself during the time Aryan was in the custody of NCB. Mr Shahrukh Khan has through his messages clearly portrayed that he has no grievances against Wankhede and has only requested to be kind to his son”, the petition stated. .Wankhede claimed that Shah Rukh Khan praised the former’s integrity and even expressed anguish over the political involvement in the matter.“It is obvious that the tone of his messages would have been completely contrary had the Petitioner raised any demands for money for releasing Aryan Khan,” the petition underscored.The chats also show that even after false allegations of demands started to surface on social media, the cordial tone of messages with Khan continued, Wankhede emphasised. “If at all there was any semblance of truth in the wild and false allegations of demands being made, then Khan’s message would have made, if not a direct, at least an indirect reference to such a demand being made or either having been accepted or turned down. However, the same is clearly missing,” Wankhede reiterated..Wankhede added that if there would have been demands, Khan would not be sending messages to him for reforming his son.“Needless to say, that a suggestion of reformation was suggestive of Aryan having engaged into some act of omission or commission under the NDPS Act of which Khan was aware,” Wankhede claimed in the petition. .The drug case against Aryan Khan had been initiated by the Mumbai unit of NCB after a search-seizure operation was carried out on the Mumbai-Goa cruise on October 2, 2021, which led to 20 arrests including Aryan Khan.He was later granted bail on October 28, 2021 and given a clean chit on May 27, 2022..Later, CBI registered FIR against Wankhede alleging offences under sections 7 (bribery), 7A (undue advantage to influence public servant by illegal means) and 12 (abetment) of the Prevention of Corruption Act along with section 120B (criminal conspiracy) and 388 (extortion) of the Indian Penal Code.The agency summoned Wankhede to appear for interrogation on May 18. In response, Wankhede approached the Delhi High Court seeking protection from any coercive action.When objections of territorial jurisdiction was raised by CBI, Wankhede withdrew his plea and was granted liberty to approach the appropriate forum.After that, the present petition was filed before the Bombay High Court through advocate Karan Jain seeking quashing of the FIR and interim relief of protection from arrest.The plea also sought for stay on any investigation including filing of chargesheet..Advocate Rizwan Merchant, appearing for Wankhede, sought interim protection from arrest claiming the entire exercise leading to filing of FIR was an abuse of process. He also claimed that since he could not raise this argument before the concerned trial judge, he moved the High Court. He added that arresting Wankhede would demoralise other officers.Advocate Kuldeep Patil, appearing for CBI, vehemently opposed the petition stating that Wankhede had been served with a notice under 41A of the Code of Criminal Procedure. He apprised the Court that as long as Wankhede co-operates, he has no reason to apprehend arrest. After briefly hearing the parties, the Court sought replies from the NCB Special Enquiry Team (SET) and the CBI, and protected Wankhede from arrest till next date of hearing which is on May 22..[Read order]