As Aryan Khan prepares himself for another foreseeable bail hearing, questions are being raised concerning the methods of our judicial system. It comes as no surprise to anyone as the bail appeals get rejected by the second while a few other felons are permitted to get away with murder.
However, as our nation sinks down and further into the quicksand of prejudice, juridical bias only seems to be the last nail in the coffin of our democracy. It has been stated time and again that the judiciary makes a democracy function effectively.
Yet, when it comes to the Indian judiciary the entire premise of a functioning federal structure falters on the ideologue of biased justice.
Aryan Khan: A Drug Kingpin (Maybe?)
More often than not, cruise ships have been known to be the best destination to host parties. The calm sea breeze hits your face with a glass of whichever choice of poison you prefer with the tranquillity of a distant booming speaker playing the choicest of hip tracks, the perfect Saturday night.
Aryan Khan, son of Shahrukh Khan, possibly thought the same as he stood aboard the cruise ship, not noticing the storm’s eye growing closer by the second.
Thus, as the night wore away, personnel from the Narcotics Control Bureau initiated a raid on the cruise ship, Cordelia, en route to its destination in Goa. The NCB retrieved the following merchandise from the ship- 13g of Cocaine, 5g of Mephedrone, 21g of Charas and 22 pills of MDMA or ecstasy.
Quite a few people aboard the cruise ship were detained on the very spot itself. Aryan Khan, on the other hand, was arrested, alongside his friend, Arbaaz Merchant and model, Munmun Dhamecha, and put under the NCB’s custody. As is common knowledge by now, the entire scenario only turned murkier with each day.
With his bail hearing adjourned until the 27th afternoon by the High Court, Mukul Rohatgi, former Attorney General and presently Khan’s legal counsel, has been at the crease trying to get Khan the bail that had been declared as mandate in a certain high profile hearing previously.
The fact that stands is that the NCB has had him in custody on the pretext of a few WhatsApp texts with actress and daughter of Chunky Pandey, Ananya Pandey.
The WhatsApp texts, in question, were leaked a few hours after coming under the NCB’s scanner. Unfortunately, the ‘incriminating’ evidence which happened to be WhatsApp texts between two people is two years too late.
According to Rohatgi’s argument, the texts recovered that had allegedly transpired between Ananya Pandey and Aryan Khan were from July 2019, which invariably has made Khan’s bail plea all the more clearer.
Furthermore, without a shred of contraband being found in Khan’s possession, denying him bail on the rare ‘possibility’ of him tampering with evidence or fleeing the country is well and truly a violation of a citizen’s right to self and dignity.
It must be stated that Khan’s arrest comes off the fact that he was aware of his friend, Arbaaz Merchant’s pack of marijuana hidden in his socks. Thus, based on that pretext, Khan was charged with ‘conscious possession’ under the NDPS Act. However, with the judiciary not complying to the bail plea concerning a bailable offence, the bias has only become clearer.
Also Read: Listicle: Here’s How Bollywood Gets Vocal In Support Of Aryan Khan
“Bail Is A Rule; And Jail An Exception” (Conditions Applied)
According to the landmark judgment made by the Supreme Court of India in the legal battle of the State of Rajasthan vs Balchand alias Baliya, bail had been declared as a legal right of any defendant.
The judgment laid down by Justice Krishna Iyer in 1977 was based on the fundamental rights afforded to the masses in accordance with the Constitution of India. The historic judgement was again repeated by Justice Chandrachud while granting Arnab Goswami interim bail in the abetment to suicide case.
“Bail is the rule and jail is the exception…Our courts should exhibit acute awareness of the need to dispense Justice in cases of personal liberty. The interim order shall remain in operation till further proceedings and it will be open to them to peruse further remedy.”
Arnab Goswami upon being bailed out was then met with regurgitating aplomb and a hero’s welcome. Furthermore, there has been another such incident involving Goswami placed on the hot seat of legal perception once again.
What actually makes his cases so interesting is the fact that the evidence provided in the TRP scam case in the form of WhatsApp texts by the Mumbai Police would get others charged under the UAPA. However, Goswami being the auteur that he is, was let off unscathed with the court declaring that WhatsApp texts aren’t formal evidence.
To put matters into perspective, the texts between Arnab and Broadcast Audience Research Council CEO, contained military details, mocking both Narendra Modi and Amit Shah, and an entire ploy on how the TRP scam was to work.
Yet, the court did not deem it useful or ‘incriminating’ enough to be brought under the scanner. Goswami went scot free yet again.
This article is not about how there still exists a judicial bias in the country, everyone is aware of that fact. However, what must be noted here is the fact that our judicial system did not flinch even a whisker as it noticed a 23-year-old, Aryan Khan, whereas, Goswami ran away from justice’s clutches without a care in the world.
Image Sources: Google Images
Sources: The Indian Express, NDTV, Hindustan Times
Connect with the blogger: @kushan257
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