Petition filed in the Bombay High Court.
Real warrior ‘Pathan’ filed case against the filmy hero ‘Pathan’.
Petitioner seeks narco test, lie detector & brain mapping test of Shahrukh Khan , Sameer Wankhede, Aryan khan and NCB official which were part of Special Enquiry Team (SET)
CBI had registered FIR against then director of NCB Sameer Wankhede for negotiating through one Sh. K.P. Gosavi with Shahrukh Khan and settling bribe amount from 25 Crores to 18 Crores and then accepting Rs. 50 Lacs cash in a deal to save his son Aryan.
Sameer Wankhede in his affidavit had given proofs against the senior memebers of SET and accused them for creating forged records and destroying evidences with ulterior motive to save Aryan Khan from serious charges under NDPS act for having prohibited drugs with him.
As per law if any person gives bribe to any officer without informing Anti-Corruption Bureau (ACB) for getting any favour from said public servant in his official capacity then such person is liable for prosecution under section 12 of the Prevention of Corruption Act (PC Act).
Said offences is squarely applicable against Shahrukh Khan and Aryan Khan.
If punished Shahrukh Khan will get a punishment upto 7 years which will not be less than 6 months.
Advocates Nilesh Ojha, Tanweer Nizam, Ishwarlal Aggarwal, Vijay Kurle, Anand Jondhale, are going to represent petitioner R. K. Pathan.
The prayer in the petitioner are as under;
(a) To direct the Respondent No. 3 CBI to constitute a special SIT to investigate the F.I.R. No. RC2172023A0008, and add Respondent No. 1 Shri. Shah Rukh Khan and Respondent No. 2 Mr. Aryan Shah Rukh Khan as accused of the offences of giving bribe to Respondent No. 5, Shri Sameer Wankhede through one Shri K. P. Gosavi without informing the concerned police officials of the Anti-Corruption Bureau of the CBI;
(b) To pass appropriate directions to Resp. No. 3 C.B.I. for prosecuting the real culprits as has been done in the case of Bharadwaaj Media Pvt. Ltd. v. State, 2007 SCC OnLine Del 1561, to ensure fair and transparent investigation and to instil the confidence of a common man in the law enforcing agencies and premier investigation agency like C.B.I.;
(c) Direct Respondent No.3 CBI to initiate seprate prosecution under sec 201,218,192,193,409,,120(B),34, etc of IPC against the officials of Mumbai Police who have given clean chit to Resp. No.5 Sameer Wankhede and others from the charges of corruption, bribe etc and misused the public machinery, property and resources for unauthorized purposes to save the accused;
(d) Direct Respondent No.3 CBI to appoint a senior officer to conduct an enquiry in to serious allegations made by Respondent No.5, and to take an action against the responsible officials and to submit a detailed report before this Hon’ble Court;
(e) To direct appropriate action under Section 340 r/w 195 of Cr. P.C. on the basis of material on record against concerned officials of NCB involved in conspiracy to exonerate Respondent No.2 Mr. Aryan Shah Rukh Khan and Respondent No.1 Mr. Shah Rukh Khan, as per law laid down in Perumal Vs Janaki (2014) 5 SCC 377; and in State of Maharashtra Vs Mangesh Chavan 2020 SCC OnLine Bom 672;
(f) Direct Respondent No.3 CBI to take help of scientific tests while interrogating Respondent No.1 Shah Rukh Khan, Respondent No.2 Aryan Shah Rukh Khan, Respondent No.5 Shri. Sameer Wankhede, other accused officials of NCB, accused police officers of Mumbai Police and all the accused persons and witnesses and subject them to tests like Narco-Analysis Test, Lie Detector Test, Brain Mapping Test, etc., to unearth the complete conspiracy and to bring truth to the surface.”
Rashid Khan Pathan earlier have also exposed the corruption, theft and forgery of records by some Supreme Court Judges like Rohinton Fali Nariman, Deepak Gupta and ors. Said allegation were based on the information given by the office of Chief Justice of India and therefore said accused Judges R.F.Nariman and Deepak Gupta have never disputed the charges against them.
His sentence under Contempt is stayed by the Supreme Court and his historic petition to create Intra Court Appeal for the person convicted of contempt by the Supreme Court is admitted for final hearing and around 158 Supreme Court Advocates represented him in his cause which was recently heard on 17.04.2023. Which is again a record in the Supreme Court history.
He and like-minded people have won many legal battles to protect the fundamental rights of citizen, police, judges, politician, reporters, businessman, bureaucrats, etc.
The list is very big. Few of such social activities are available at website of Indian Bar Association and few of them are summarised below:-
You can download the copy of petition Here