MUMBAI: Sameer Wankhede, the former Narcotics Control Bureau (NCB) zonal director in Mumbai accused by the Central Bureau of Investigation (CBI) in an alleged Rs 25 crore extortion and corruption case can continue to breathe easy till June 8.
The Bombay high court on Monday extended till then, its order of interim protection, granted last Friday, from any coercive action including arrest by the CBI.
The HC vacation bench of Justices Abhay Ahuja and MM Sathaye however, said Wankhede,44, cannot talk to the media, share alleged WhatsApp chats between actor Shahrukh Khan and him "not to give any press statement or tamper with evidence in any manner, to attend CBI as and when called and to give an undertaking to this effect." Present in court, sharply dressed, with green rimmed spectacles, Wankhede submitted the undertaking within hours.
The interim order comes in a quashing petition filed by Wankhede, now with the Indian Revenue Service (IRS), last Friday against the CBI’s first information report (FIR) against him.
CBI counsel Kuldeep Patil said Wankhede was sharing Whatsapp chats with the media. He said: "A father of an accused, who is a young boy, may have been making requests with folded hands. He (Wankhede) is now trying to treat it as certificate of integrity."
Wankhede was being "targeted for being an upright officer", contended his senior counsel Aabad Ponda referring to the chats in the petition, sent by actor Shah Rukh Khan, when his son, Aryan Khan was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in the Cordelia Cruise case, said Khan "repeatedly called (Wankhede) an upright officer" in the chats dating to October 2021.
"This country needs honest upright officers," said one chat from the actor submitted Ponda, adding "Now, you (CBI) are coming after two years and saying (Wankhede is) corrupt?"
Ponda said: "the chats are in the media because they are part of the petition itself, nothing beyond it".
Ponda said Wankhede "will continue to cooperate and appear for questioning. CBI has called Wankhede again on Wednesday."
Ponda said, "interim protection may be continued. Can’t have a sword dangling over his head", adding he needed two weeks to file a detailed reply to a 20-page affidavit of the NCB which "makes various allegations against his conduct."
At the court hearing, Ponda added, in one chat said: "I hope you feel my son has had the lesson you felt he should have had… Thanks for your kindness…Without losing your integrity can you help me. I will always be indebted to you."
Ponda read out what Wankhede had in a reply on October 13, 2021 to Khan said, "…all the murk and unscrupulous elements are vitiating the entire atmosphere. I wanted to look towards the kids in a reformatory approach and provide an opportunity for best living and national service. Unfortunately my attempt is being maligned by some dirty persons with malafide and vested interests."
Ponda said: "as far as Cordelia cruise goes there is never any allegation of demanding money."
Patil said CBI does not wish to disclose anything about the probe, but said there ought to be no blanket or indefinite interim protection to Wankhede as it would come in the way of arrest that CBI may want to make. He said: "what if Wankhede tampers with witnesses", then under section 41A (3) of Criminal procedure code (CrPC) it would be reason to arrest. The Judges asked, "Is there a reason made out now?". Patil said, "it may happen in the future."
Justice Ahuja said, "we have to be on facts. what about today?." Patil said: "he seems to have started the process of tampering…what if we need to make the person in chats a witness…"
Ponda said Wankhede "investigated a very sensitive case. He wanted to clean the system. Big shots were involved. He is ready to face all probe."
Ponda said Wankhede is made a "victim of interdepartmental rivalry between the IRS and IPS (Indian Police Service)." He said, "a senior officer who I don’t want to name--"Mr 'Y’ was his (Wankhede's) senior in the NCB and in charge…"
Patil, the CBI counsel stressed that Wankhede was served with a notice to attend its office on May 18 but he didn’t and approached Delhi HC first.
Ponda said the Delhi HC gave liberty to move the Bombay HC which he did on May 19. Ponda said, "position as it stands is this. They have been investigating since 25.10.2021. It’s all every well to create a flutter now in the vacation. Inquiry is going on for two and half years. CBI issued a 41A CrPC notice which is meant to be issued when arrest is not required. The stage of arrest is not reached. When a person complies and continues to comply with the notice he is not to be arrested. The scheme of law is clear. They —CBI— can’t just say he may tamper without filing reply, to scuttle the hearing.."
Ponda argued: "Backbone of CBI FIR is flawed. The entire enquiry carried out since 2021 is illegal as it needed prior approval… the idea is to throw an honest public servant under the bus because he had courage to stand up to the tall and mighty."
But for the CBI, Patil said when it is a case of disproportionate assets no prior nod is even needed.
When asked by the court if it will file a reply, CBI sought two weeks time, The HC directed the agency to file its reply by June 3 and directed Wankhede to file a rejoinder by June 7 and posted the matter next, before the regular court, post vacation, on June 8 continuing his interim relief till then.
The NCB counsel Manisha Jagtap submitted its affidavit saying prior approval to probe Wankhede under Prevention of Corruption Act was issued in 21 days, on May 11 and hence the probe against him is legal. The NCB affidavit highlighted details of "misconduct" alleging that Wankhede made "private foreign visits with family and misdeclared expenses", and mentioned details of a "disporportionate asset enquiry" against Wankhede and said source of a transaction of a flat in Goregaon needs detailed enquiry.
