Sameer Wankhede Bribery Probe –Bombay HC Frustrated At CBI's Unending Procrastination And Repeated Adjournments - Extends Interim Protection In Plea To Quash FIR

The Bombay High Court on July 8 this week pulled up the CBI over seeking repeated adjournments since the last two years on the very same ground  that the Solicitor General Tushar Mehta wants to argue the case. A Division Bench comprising Justice AS Gadkari and Justice Rajesh Patil persistently asked the CBI to clarify the timeline for concluding its investigation. Expressing displeasure over the continued deferments, the court remarked sharply, “Tell me, within how many years you will complete the investigation — 10 years, 20 years?” At the outset, the Court asked CBI why no name has been given in the FIR in column for Section 8 of the PC Act. (Bribe giver) while Sameer Wankhede has been named in Section 12 (Abettor). At the end, the Court extended the interim protection to Wankhede in his petition to quash the FIR itself.

CBI has been probing the bribery allegations against then Narcotics Control Bureau (NCB) officer Sameer Wankhede. It alleges a demand of Rs 25 crore from actor Shah Rukh Khan during the investigation into the 2021 Cordelia cruise drug case, in which the actor’s son Aryan Khan was arrested.

Initially, the CBI’s counsel, Advocate Kuldeep Patil, sought more time to receive instructions. However, the court was not convinced and demanded a direct answer. Eventually, the CBI committed to completing the investigation within three months.

Earlier, Senior Advocate Aabad Ponda, appearing for Sameer Wankhede, objected strongly to the ongoing delays. He pointed out that the case has been pending for nearly two years and that the CBI has repeatedly claimed the Solicitor General would argue the matter, but that has yet to happen.

“This is severely affecting my client’s career,” Ponda argued. “His promotion is on hold. If the Court admits the matter, we can seek relief before the Central Administrative Tribunal.”

Following the CBI’s assurance, the Court admitted Wankhede’s petition and extended the interim protection previously granted to him, shielding him from arrest or any coercive action until further orders.

The Court clarified, however, that the CBI is free to file a chargesheet if it obtains the Court’s permission.

The CBI had booked Wankhede in May 2023 under Sections 120-B (criminal conspiracy) and 388 (extortion by threat) of IPC, along with relevant provisions of the Prevention of Corruption Act. The complaint alleged that Wankhede and others sought a bribe from Shah Rukh Khan in exchange for favorable treatment for Aryan Khan.

Wankhede has vehemently denied the accusations, calling the case a political conspiracy. He submitted WhatsApp conversations with Shah Rukh Khan as part of his defense, asserting that the tone of the messages was cordial and showed no evidence of extortion or pressure.

Challenge is also on the ground that the FIR was registered without obtaining prior sanction under Section 17A of the Prevention of Corruption Act — a mandatory requirement for prosecuting public servants for acts done in the course of their official duties. The absence of such sanction, it was contended, rendered the FIR legally untenable.

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Mariya Paliwala
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