Mumbai: Interim relief for NCB’s Sameer Wankhede who moved HC seeking protection against arrest – Times of India

MUMBAI: In a relief to Narcotics Control Bureau (NCB) zonal director Sameer Wankhede who moved Bombay high court on Thursday for protection from arrest, the Maharashtra government said that it will give him three days’ clear notice in case it wants to take any action against him.
The HC bench of Justices Nitin Jamdar and Sarang Kotwal recorded this statement made by public prosecutor Aruna Pai on instructions of officers present in court and said, “We are not making comments on merits of the case.”
As the bench was passing the order and recording her statement, the PP said let it be passed as an order of the court and not the state’s statement. The court said it would need to hear on merits and observed the state could show some “deference” to its officer of the rank as his.
Wankhede moved the HC a day after he appeared before a probe ordered against him over vigilance action. Senior counsel Atul Nanda with advocate Ramiza Hakim appearing for him mentioning his plea for urgent relief sought interim protection against any coercive action including arrest against him since they said the state has also set up a Special Investigation Team (SIT) to investigate him on some allegations.
Nanda said, “The investigation, if any, be done by Central Bureau of Investigation (CBI) or even the National Investigation Agency (NIA). Give the probe to CBI or NIA but stop the vilification.”
“I am being personally attacked by the state. My apprehension is that the state will arrest me any day. I want interim protection in form of no coercive relief,” said Nanda to HC, adding, “I see a design in the posts against me. I am consciously not taking any names because I want to keep the majesty of the law.”
Nanda said Wankhede is a zonal director of NCB who is investigating a case. “He is not a drug peddler,” he said, stating that while Wankhede is facing a vigilance probe by the NCB which is willing to face and is facing, “the state has gone beyond its duty.”
He cited section 17A of the Prevention of Corruption Act which he said provides prior sanction to be taken from the Centre in case of central government officials and yet the state has set up the SIT to investigate him.
The HC asked Nanda, “If statute itself protects you, why do you want protection from the court?” Nanda at the hearing on Thursday replied that under the law, the state cannot probe and “if the state is violating its duty and overstepping, the court may step in and protect me if my rights are likely to be violated. They may arrest me today.”
Pai said, “The petition is premature. We had received four applications that are also against private individuals including Kiran Gosavi. We are just doing preliminary enquiry. So far, we have not registered any FIR against Wankhede.”
She said the state has just received the petition and needs some time to reply. Additional police commissioner Milind Sawant was present.
The HC asked the PP, “What about his argument of rights under section 17 A?”
Pai replied, “We are conducting an inquiry against the private person Gosavi. Don’t know what comes of it. He (Wankhede) is asking for a blanket protection. I need time to answer his petition.”
The PP said, “Today, we have not registered any FIR under PCA. Section 17 A will come in when such FIR is filed.”
The HC asked, “What is the sequitur of that?,” and the PP said, “It is very difficult for Maharashtra state to make any statement”, and she took time again to confer with the officers in court.
Pai finally said that the state will give a 72-hour notice to Wankhede in his apprehension of a corruption case.
Nanda said his apprehension was that the state may then arrest Wankhede in an IPC case and the petition would be rendered infructuous. The HC bench looked at the PP and said that was a point.
Nanda also said the notice be given for “three clear working days” to enable his client to approach the appropriate forum after such notice.
The court asked him if he had responded to the summons he had revealed and Nanda said Wankhede had attended and was questioned by SIT for three hours.
The HC then recorded the PP’s statement and disposed of the petition.