BREAKING: Plea in Supreme Court seeks termination of Nawab Malik, CBI probe in Aryan Khan Drugs Case

  • Gautam Mishra
  • 10:33 AM, 30 Oct 2021

A public interest litigation in the Supreme Court has sought direction to hand over the investigation in the Cordelia Cruise drugs case, in which Aryan Khan is also an accused, to the Central Bureau of Investigation (CBI). 

The petition filed by Advocate ML Sharma says, "No one can be allowed to interfere in the criminal justice system. State and State Minister are duty bound to protect the constitution and not to interfere in the investigation and criminal process."

The plea has further sought direction to terminate Nawab Malik, Minister of Maharashtra's Minority Affairs from the constitutional office coupled with further direction to prosecute him as per law.

It is alleged that on the behest of Aryan Khan and his father Shah Rukh Khan, the Minister and state police have been harassing eye witnesses, and have arrested them in new allegations 20 days after the original arrests, to get relief for Aryan Khan in the criminal case.

Witnesses are liable to be protected, not to be arrested and tortured, to give statements favorable to accused persons, the plea stated and alleged that this has happened in case of Aryan Khan.

The plea has further sought protection for all the witnesses in the case, stating that all the witnesses in the case are being tortured by the police forcing them to change their statements for favoring Khan, to get him bail and to destroy the NCB case.

The petition has raised the following issues before the apex court:

  1. Whether a witness of a criminal case is required to be protected, or harassed by the state police,
  2. Whether a Minister may continue to hold his constitutional office after directly interfering in the investigation and pressuring/ maligning investigation officer to destroy evidence against the accused persons,

The plea has stated that it is being filed for, "the protection of witnesses and criminal justice legal systems, fair investigation and "justice for citizens of India" against a state government that has adopted the use of political power against an investigation officer, to destroy evidence and witnesses in the NDPS case and to get acquittal of accused persons."

It is alleged that Malik is also regularly attacking the Investigating Officer,  and has endangered his life as well.

Cause Title: Manohar Lal Sharma vs Union of India