Defence invokes Aryan's constitutional rights, matter adjourned to Thursday
Mumbai, October 27, 2021
Arguing strongly for bail, lawyers for Aryan Khan, son of Bollywood megastar Shah Rukh Khan, on Wednesday termed his arrest as "illegal" and invoked his constitutional rights even as the Bombay High Court adjourned the matter of his bail application in a drugs case till Thursday afternoon.
Senior counsel and former Attorney General of India Mukul Rohatgi and senior counsel Amit Desai, representing Aryan and Arbaaz Merchant, along with lawyer Ali Kaashik Khan Deshmukh appearing for Munmun Dhamecha, concluded their arguments before Justice N. W. Sambre.
Additional Solicitor General of India Anil Singh, along with Special Public Prosecutor Adwait Sethna, appearing for Narcotics Control Bureau (NCB) will reply to their arguments at Thursday's hearing.
"The arrest memo did not give the true and correct grounds for arrest -- Article 22 of the Constitution is more important than Section 50 of the CrPC. It states that no person should be held without being informed about the grounds of arrest and the person shall have the right to consult a lawyer of their choice," said Rohatgi.
He contended that the courts were misled by the NCB to believe that large quantities of drugs were recovered from the accused and said that the agency had proceeded in sheer violation of Article 22.
Pointing out that "bail is the rule and jail is the exception", Desai argued that now it has become "arrest is the rule and bail is the exception" for the police.
He submitted that the first remand application of Merchant made no mention about the conspiracy and the court at that time was misled into believing that the accused were also charged under the NDPS Act's Sections 28 and 29.
"This is a direct infringement of Constitutional guarantees. We are all available to the agencies. Bail may be granted. There has been enough custody of the two (Aryan Khan and Merchant), who are both residents of Mumbai," Desai said.
ASG Singh said that on Thursday, he would try to complete his arguments within an hour.
Meanwhile, the accused trio -- Aryan, Arbaaz and Munmun -- detained by the NCB on October 2 after the high-profile raid on the luxury ship Cordelia Cruise - and then kept in continuous custody, will spend their 26th night in jail on Wednesday night.