The court has demanded updates on the investigation and expressed concerns about the CBI's intentions regarding Wankhede's arrest.
The Bombay High Court expressed its displeasure with the Central Bureau of Investigation (CBI) on Friday, urging the agency to stop "playing hide and seek" in the ongoing case involving IRS officer Sameer Wankhede in the Cordelia cruise 'drug bust' bribery case. The court directed the CBI to provide updates on the investigation by producing its case diary on June 28.
Earlier, the CBI had requested the vacation of an earlier order granting interim protection to Sameer Wankhede, the former zonal director of the Narcotics Control Bureau (NCB), in the bribery case. The CBI claimed that it may consider arresting Wankhede if he fails to cooperate with their probe, but failed to inform the court whether they had concluded that his arrest was necessary.
The division bench of Justices A S Gadkari and S G Dige criticized the CBI for creating doubts in the court's mind and emphasized the importance of transparency. The court questioned the need for coercive action when a notice under Code of Criminal Procedure (CrPC) section 41A had already been issued, and Wankhede had already appeared before the agency on seven occasions.
In response, the CBI argued that it should have the freedom to decide on arrests and raised concerns about Wankhede's potential non-cooperation in the future. However, the bench highlighted that the notice under section 41A indicated that the agency had no immediate intention to arrest him. The court urged the CBI to be forthright and avoid playing games, emphasizing the agency's role as a premier investigative body.
The court further noted that the CBI's arguments raised doubts and insisted on reviewing the agency's case diary. The CBI's move to seek vacation of the no coercive order indicated their intention to arrest Wankhede, according to the court. The bench firmly stated that the CBI must openly state if they have concluded that Wankhede's arrest is necessary.
Meanwhile, an advocate named Niles Ojha sought to intervene in the case, urging the CBI to investigate Shah Rukh Khan, Aryan Khan, and the actor's manager Pooja Dadlani. The court instructed Ojha to file an application seeking intervention before being heard.
The court scheduled the next hearing for June 28 and maintained the interim order of no coercive action against Wankhede until then. Wankhede had approached the High Court seeking the quashing of the CBI case and interim protection from coercive measures.
Wankhede, along with four others, faces allegations of soliciting a bribe of Rs 25 crore from actor Shah Rukh Khan in the Cordelia cruise 'drug bust' case. The CBI registered a First Information Report (FIR) against Wankhede and others in May based on a complaint filed by the NCB. The accused have been booked under charges of criminal conspiracy and extortion threats under the Indian Penal Code and the Prevention of Corruption Act.
The Cordelia cruise 'drug bust' case gained significant attention after Aryan Khan, Shah Rukh Khan's son, and several others were arrested in October 2021. Aryan Khan was subsequently granted bail after spending three weeks in jail. The NCB filed its chargesheet in the drugs case without naming Aryan, citing a lack of evidence. The agency has since established a special enquiry team to investigate the case, including allegations against its own officers.