BY Email / Fax and Speed Post :
To,
The Hon’ble Chief Justice of India & Other Hon’ble Judges,
SUPREME COURT OF INDIA, New Delhi 110001
Through:
The Ld. Registrar General, Supreme Court of India,
Tilak Marg, New Delhi-110001.
Ph. 011-23388922-24,23388942 /FAX : 011-23381508, 23381584 e-mail : supremecourt@nic.in
SUB:
Miscellaneous Application / petition in my earlier Petition under Article 32 of Constitution of India to take suo moto cognizance to protect the Fundamental Human Rights of Mr. Aryan Shah Rukh Khan, an accused under NDPS Act, in the crime registered by Narcotics Control Bureau (NCB), Zonal Office, Mumbai under Ministry of Home Affairs, Govt of India, New Delhi :
Ref : SC Inward No.17282/SCI/PIL/2022
Request to institute high level judicial enquiry in to the malfide style, approach & affairs of NCB at Mumbai and it’s officials targeting film celebrity & few models since last two years, now established upon absolute clean chit given to Aryan Khan by NCB !
Ref : Charge Sheet / final Report filed in the Crime registered by Narcotics Control Bureau (NCB), Mumbai under Ministry of Home Affairs, Govt of India, New Delhi, in Ld. Special Court (NCB) at Mumbai, giving absolute & complete clean chit to Aryan Khan
(ENCLOSED/ATTACHED --- News reports in national/international Media )
Most Hon’ble Sir,
Further to my earlier Petition dated. 18.10.2021 SC Inward No.17282/SCI/PIL/2022 , I once again approach you to highlight subsequent developments now with the NCB giving an absolute “clean chit” to Aryan Khan - whose fundamental rights were earlier infringed in a classic example of abuse of powers by the officials of NCB and, therefore, 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) As most respectfully submitted in my original petition, 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, when ever 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.
In the present case, now as NCB itself given complete clean chit to the innocent people who were
first implicated in a false case by abusing the position ! So, I have reasons to seek kind intervention
of Lordships in the matter as such unfortunate incidents of abuse of powers and authority by NCB
is a matter of grave concern for law abiding citizen of the Country who all now shocked to
understand the classic example of abuse of power at the hands of officers of NCB at Mumbai.
It’s not just a routine case to be looked into but it’s definitely a matter of serious concern for one
& all and therefore, an intervention from Your Lordships is humbly prayed to safeguard the faith &
confidence of public at large in the Law enforcement agencies in India, especially an expert, special
purpose agency like NCB having distinct role & responsibilities !
4) In this background, with this application, I am most respectfully approaching & submitting the present
petition with the humble request to Your Honour to take suo moto cognizance as now it is established that
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 like Aryan Khan had been put behind the bars and had been subjected to big
humiliation and kept in jail in a most undemocratic & illegal way.
5) I would also like point out towards well established malafide style, approach & dirty vendetta affairs of
NCB at Mumbai and it’s officials like former MUMBAI ZONAL DIRECTOR Shri SAMEER WANKHEDE, first
targeting select film celebrity & few models since last two years and then giving clean chit as seen in the
present case.
I therefore would like to request Your Honour to order to institute special judicial investigation & enquiry to
unearth role of Ex-NCB official Sameer Wankhede who was removed from the post upon grave allegations
against him that his 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.
Now, with the absolute clean chit given to Aryan Khan by NCB in its final report submitted in the Ld.
Special Court, it is established beyond doubt that the Aryan Khan and several other Film celebrities were
falsely implicated by NCB officials by abusing his dorminant position & powers! It’s very sorry state of
affairs in the style and approach of reputed law enforcement agencies like NCB and therefore, warrants
due intervention from the Supreme Court to take suo moto cognizance arising out the peculiar case like this
Aryan Khan case now given complete clean chit by NCB itself !
6) It is submitted that through my original petition, I had brought before your lordship a serious case
pertaining to the series of crimes registered by Narcotics Control Bureau (NCB), Mumbai under Ministry of
Home Affairs, Govt of India, New Delhi, more particularly a case 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, was kept in jail for past 28 nights, because of deliberate opposition by
NCB in Special Court to delay the disposal of their bail applications in a most unfortunate and highly filmy
manner.
There was utter disregard to the principles of Right to Life & Personal Liberty as also a law settled by
Supreme Court apart from a classic example of abuse of powers by then NCB officer Mr. Sameer
Wankhede alleged to be on vendetta against Film industry to take revenge due to denial of entry Big Entry
to his wife who is also a model & celebrity.
Now, with absolute exoneration given to Aryan Khan, it is crystal clear that it was a big game of abuse of
power & authority by law enforcement officer and the mastermind, Sameer Wankhede, and this case like
several other cases in which hundreds of rich personalities were first booked, arrested and later on given
clean chits or investigation kept in abeyance whose out come are not known to any body, amid allegations
of EXTORTION to save them. Hence, entire affairs need to be thoroughly investigated under the
supervision & control of Supreme Court so that such undue victimization and infringement of fundamental
rights of people can be stopped at the hands of NCB officials.
7) It is further submitted that with absolute clean chit now given to Aryan & others, 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 charges of drugs abusers since last two years, IN THE NAME
OF UPROOTING THE CITADEL OF DRUGS IN BOLLYWOOD - and therefore, it’s a fit case to take
upfront cognizance under Constitutional powers wrested with the Apex Court including power under Article
142 of the Constitution of India and to institute special judicial investigation & enquiry to unearth role of
NCB official.
8) It very relevant and painful to note upon seeing clean chit given to Aryan Khan that innocent boy has
remained inside (jail) for so many days without seizure of drugs or any other proof. No medical report of
consumption, so no consumption.
As pointed out in my original petition, it was very much surprised By all 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 were to be protected till his conviction
under NDPS Act. But due to mala fide approach by NCB official SAMEER WANKHEDE, with abuse of
power and authority several such innocent people are kept in Jail !
9) As mentioned above, the malafide, autocratic, style, approach & dirty vendetta affairs of NCB officers at
Mumbai including the then head SAMEER WANKHEDE, selecting “SOFT TARGETS” like film celebrities &
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 was taking action under NDPS Act . In light of above, an extra ordinary judicial intervention is
needed to safe guard the Constitutional Rights of innocent people !
10) It is further relevant to note that when concerned NCB official Sameer Wankhede was relocated
from Mumbai NCB office to his parent department, there were serious allegations against him as to
running an extortion racket with the help of politically influenced people linked to ruling party and
also acquisition of huge assets & property disproportionate to his known sources of Income.
Similar are the allegations against several officials attached to NCB ! But the outcome of
investigation & inquiry into such allegations is not known to anybody. Now, as absolute clean chit
received by Aryan Khan, such extortion charges have got relevance and need to be probed
independently. There are many such Wankhedes in NCB and therefore, only independent judicial
investigation & inquiry will reveal the truth and will also help in framing of guidelines by this
Hon’ble Apex Court in the larger public interest so that such Special Investigation Teams under
special powers under NDPS Act can not function rakelessly as per their sweet will & whims !
There must be some accountabilities upon authorities !
11) PRAYER :
It is, therefore, being a fit case for immediate intervention by this Court and Your Lordships may
please to take suitable cognizance in the matter as now with absolute clean chit given to Aryan, it is
very important case of protection of human life & liberty as keeping innocent people in jail without
disposal of bail application and without filing charge sheet or final report in the Courts, 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 above, with this petition, I most respectfully pray to take suo moto cognizance on TOP
PRIORITY to issue detailed guidelines as deemed necessary with further directions to Central
Government to submit complete details of such cases registered by Narcotics Control Bureau
(NCB), Mumbai & other places in India under Ministry of Home Affairs, Govt of India, New Delhi and
also order judicial enquiry and investigation into the malafide role & vendetta style of working of
NCB officers abusing the provisions of NDPS Act.
I am also enclosing herewith the e links of Relevant Media clipping such as News Report in Mid Day,
Deccan Chronicle, Times of India, other international media reports for your kind perusal and consideration.
Hence this petition, Most Respected Sir!
I may please be given an opportunity of online hearing in person to present this case, if this Court
desires any further information or assistance in matter.
With Best Regards,
Yours faithfully,
KISHORE TIWARI,
Minister of State Rank – Government of Maharashtra,
President – Vasantrao Naik Sheti Swavalamban Mission (VNSSM)
Res./o : 11, Trisharan Society, Khamla, Nagpur 440025 ,(Maharashtra)
Mobile : 094221 08846
Email- kishortiwari@gmail.com
