Senior advocate Mukul Rohatgi, who has argued on behalf of Shah Rukh Khan’s son Aryan Khan, said in an exclusive interview with India Today, that there is no evidence against Aryan Khan and that the case against him has been significantly extended by the National Central Bank.

He also said that the prosecution services try to keep people in prison once they are arrested. “Educating the law enforcement agencies will go a long way in alleviating prison overcrowding,” said the former Attorney General of India.

Distinguish between small and commercial quantities that are ignored

Speaking about the Bombay High Court’s decision to grant bail to Aryan Khan, Rohatgi told India Today there were two important aspects to the case – there was no recovery from Aryan Khan and, at best, it was related to Arbaaz Merchant.

There was no evidence of consumption, roving, or carrying large quantities. However, the NCB tried to make it a commercial lot, and it expanded it too much.”

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The law specifically discriminates, he said, and if one is consumed in small quantities, it will be treated differently. “Law enforcement agencies fail to make that distinction. They have jumped into commercial quantity.

Commenting on the Sessions Court order, Rohatgi said: “The conscious possession argument has been extended beyond a point to include those who were complete strangers to Aryan Khan. There is no substance for the oath to say that a ‘union’ is being investigated.”

Bail is the sentence and imprisonment is an exception.

The problem is that when most courts refuse bail, they treat it like a quasi-trial. People forget that the Supreme Court in 1978 said “Bail is the rule and imprisonment is the exception.”

“If it is a small amount [drug] The user acknowledges that he is consuming, he cannot be caught. He cannot be sued as long as he agrees to go to rehab. That’s what the law said in 2001. But unfortunately, we lost sight and now everyone is painted with the same brush.”

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He said: “The Ministry of Social Justice and Empowerment itself reminds us not to forget the legislative intent of narcotics and psychotropic substances. [NDPS] Law, 1985. We have to catch the big fish. Much of this drug is smuggled across India’s porous borders. Catch these people. Give them the perfect punishment. Here, they arrested 5-7 guys. One month passed. what do you have [NCB] have found? no thing.”

“Attention is being diverted from the right track. All efforts are being made to arrest only certain people,” he added.

‘There is a need to educate law enforcement agencies’

He urged the government to raise awareness of law enforcement agencies by holding regular conferences. It is not fair to blame the government. Government and Parliament are on the same page. It is law enforcement agencies that need some introspection. The idea is not to put people in jail and punish them before trial. This has become the approach of law enforcement agencies. “The government should ask law enforcement agencies whether they are really following the mandate of the legislation,” he added.

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The moment law enforcement agencies realize what they have to do, he said, prison overcrowding will be cleared and the courts will no longer be full of small cases. “The courts have much better things to do than take these small cases,” he said.

“Personal Arguments Like Homecoming”

Speaking about the physical controversy in court again, Rohatgi said it felt like homecoming. “I argued for three days and was really relieved to be in court again. On the first day, there was a lot of quarrel, but the judge made sure to maintain decency.”

On advising the government after his resignation from the position of attorney general, Rohatgi said: “I am a private attorney. I take cases for governments, individuals and primary support units for all. The job of a lawyer is to advise his clients and I do not distinguish between the center, the state, individuals, the rich or the poor. I look For everyone “.

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