In October 2021, Aryan Khan, son of actor Shah Rukh Khan, was arrested in Mumbai by the Narcotics Control Bureau in a drug racket case. Now, after many twists and turns in the case, on May 28, he and five others were given a clean chit by a special investigation team from Delhi. Besides highlighting the torment suffered by him and his family, Aryan Khan’s case also threw the focus on the countless victims of malicious prosecution, many of whom are resourceless. In a conversation moderated by Sonam Saigal, Madan B. Lokur and Meeran Chadha Borwankar discuss whether those who have been implicated in false cases should be compensated. Among other things, they discuss reasons for wrongful and malicious prosecution, the role of investigating officers and agencies along with the judiciary, and whether India needs a new law to decide on the quantum of compensation. Edited excerpts:
We are increasingly seeing a lot of innocent people being booked. Why do enforcement agencies end up arresting and even charging the wrong people?
Madan Lokur: I would like to draw a distinction between somebody who has been falsely implicated and somebody who has been implicated but is eventually acquitted, either because the evidence is deficient or because of some other reason. In the case of Aryan Khan, as it appears from the newspaper reports and some statements that have come out, there was actually no reason to arrest him and keep him in custody for almost a month. It is all right for the investigating officer to say, ‘we are still investigating’, but the investigation must have some basis. Otherwise, tomorrow they can pick up somebody and say, we think this person is a terrorist, we are investigating, and until we complete our investigation, let that person remain in jail. I have no doubt in my mind that Aryan Khan has been falsely implicated, and therefore, he must be compensated.
