A Public Interest Litigation (PIL) under Article 226 of the Constitution has been filed before the Bombay High Court seeking a direction for a probe against Actor Shahrukh Khan for allegedly bribing Sammer Wankhede, the then Zonal Director of Narcotics Control Bureau (NCB), Mumbai Zonal Unit through one K.P. Goswami for getting certain relief for his son Aryan Khan in the alleged drug bust onboard a cruise ship off the Mumbai Coast.

The PIL states that as per the CBI's report, both Shahrukh Khan and Aryan Khan are accused of abating offences of corruption by settling a bribe amount of Rs. 18 Crore and making a part payment of Rs. 50 Lakh out of it, but the manner in which the investigation is being conducted shows a serious lapse with the intent to exonerate the Khan duo from the charges under the Prevention of the Corruption Act.

The Petitioner Rashid Khan Pathan, claims to be a Human Right Activist and states in his petition that a person giving a bribe is only protected when he/she involves the law enforcement agencies like Anti Corruption Bureau (ACB), whereas in all other cases, a person giving bribe even if alleged to be under pressure is said to be guilty under the Prevent of Corruption Act (PC Act).

Pathan states that surprisingly NCB has not filed any case against Shahrukh Khan, Aryan Khan or the CBI Officials in this regard. He further adds that the FIR registered by the CBI, confirms the allegations on an affidavit levelled by one panch witness Prabhakar Sail who levelled serious allegations against Wankhede and others. However, the Mumbai Police closed the case and gave a clean chit to Wankhede.

"Now the enquiry report by NCB and CBI had found material to prove offences of extortion and corruption and they registered the FIR. This ex-facie proves the malafides of the said senior officials of Mumbai Police who investigated the case earlier and exonerated the accused," reads the plea.

It further adds that it was the bounden duty of the officials of CBI to take action against Sharukh Khan and any other person who is involved in the conspiracy to exonerate Aryan Khan and also against the officials who are involved in saving Sharukh Khan, but no such action was taken and the matter is being dealt in a casual manner.

Justifying his locus standi to file the present petition, Pathan states that it is a settled principle by Supreme Court that Criminal Law can be set in motion by any citizen and therefore the Petitioner is having the locus to file this petition before the Court.

The Petitioner seeks the following directions: (a) to direct CBI to constitute a special SIT to investigate and add Shah Rukh Khan and Aryan Shah Rukh Khan as accused in the offences of giving a bribe to 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 C.B.I. for prosecuting the real culprits (c) to direct CBI to initiate separate prosecution against the officials of Mumbai Police who have given a clean chit to Sameer Wankhede and others from the charges of corruption, bribe etc and who misused the public machinery, property and resources for unauthorized purposes to save the accused and such other similar reliefs.

After initially arresting Aryan Khan, he was excluded from the Complaint by the NCB. The NCB had issued a press note citing a lack of sufficient evidence against him and that Aryan Khan was not found in possession of narcotics.

Cause Title: Rashid Khan Pathan v. Shahrukh Khan & Ors [CRPILST/10580/2023]