Rehab, not jail: Mukul Rohatgi cites Centre's reform plans in Aryan's bail plea

Rohatgi further said Aryan Khan wished to be kept away from all the controversy surrounding the case and that he had no allegation against any NCB officer or had anything to do with any political personality.

Former attorney general of India, Mukul Rohatgi, appearing for Bollywood superstar Shah Rukh Khan’s son’s jailed son Aryan in the drugs seizure case, said on Tuesday the junior Khan was not a customer on the Goa-bound cruise from where the Narcotics Control Bureau (NCB) caught him following a raid and that he was only invited as a guest.

Senior lawyer Mukul Rohatgi, centre, arrives at the Bombay High Court to represent Bollywood actor Shah Rukh Khan's son Aryan Khan.(AP)

Arguing before Justice Nitin Sambre in the Bombay High court, Rohatgi said there was no recovery of drugs from Aryan, nor any medical test conducted or consumption of drugs found -- hence, there was no occasion to arrest his client.

“No recovery, no consumption, I submit I am wrongly arrested," the former AG said on behalf of the star-son, adding there was no material to show that Aryan financed illicit trafficking of drugs.

“Penalty is for consumption or carrying it. I don't have it, possession of somebody else can't be my possession. Unless it is in my knowledge.”

Citing the Central government's plans to bring in reform measures, the veteran lawyer further argued that Aryan being a young boy, he should be sent for rehabilitation and not put behind bars.

“He is a young boy with no (criminal) antecedents. The law provides that if someone is found consuming drugs, one has to be taken to rehab. Approach is not to keep people in jails. The social justice ministry is talking about reforms,” the former AG argued.

Rohatgi said controversy was rebounding Aryan Khan and urged that he be kept away from the same. He further said Aryan had no allegation against any NCB officer or had nothing to do with any political personality.

“Controversy is rebounding on on me. Kindly keep me away from me this. I have a great great case to argue. I don't want to go with the political personality or the NCB officers. I am concerned with my case,” the veteran lawyer said.

“I am not concerned with a lot of accused arrested in the case from whom intermediate quantity is seized. There is no meeting of minds.”

The former AG and team of senior lawyers flew down to the country's financial capital on Tuesday to join an already massive group of legal eyes, including  Amit Desai and senior advocate Satish Manshinde.

Rohatgi said that Aryan was a 23-year-old boy having completed his graduation in California and returning to the country since the Covid-19 pandemic hit.

“Aryan was not a customer on the cruise, he was invited as a guest. Aryan was invited by a man called as Gaba, who knew the organisers,” he further said.

Stating that the submission made before the NDPS were inadmissible, Rohatgi said, "What somebody is having in his shoes can't be a conscious possession. They have to prove that I knew about it."

The senior lawyer said the NCB's statement that they had recovered WhatsApp chats from Aryan's phone for years 2018, 2019, 2020, but none were regarding the said cruise party. “It is important to note they are not regarding the cruise party which started on October 2,” he said.

“Whatsapp chats has nothing to do with the cruise terminal incident. It refers to earlier chats from which they are saying you know, you were dealing with people. When I was abroad also, they are connecting it with international traffickers. Trial court will decide if they are admissible or not,” Rohatgi added.