Aryan Khan case: Supreme Court lawyer Khushbu Jain asks if declaring Aryan guilty in Court violated his right -Exclusive! – Times of India

Aryan Khan was given a clean chit by Narcotics Control Bureau (NCB) yesterday and ETimes reached out to Khushbu Jain, practicing advocate before the Supreme Court of India to record her opinion and reaction to this development. Right off the bat, she questions the moral grounds of subjecting Aryan to judicial custody and public defamation. Khushbu says, “Aryan Khan given a clean chit in the much hyped drug case on the basis of ‘have gone by the principle of evidence’ makes us question whether such exposure, declaring the individual guilty, without even being proven guilty in court, violates his right?”

She goes on to lay emphasis on fair trial and the long lasting effects of making legal allegations against someone who hasn’t been proven guilty. She says, “The presumption of innocent until criminal complicity has been proven beyond reasonable doubt. Tarnishing this presumption leads to real and substantial risk that may have life long impact. Presumption of innocence of an accused (alleged) is a legal presumption and should not be destroyed at the very threshold through the process of exposure, especially when the investigation is pending. One has to understand the replication (reply by plaintiff) of the accused (alleged).” Drawing from her vast experience of being a Supreme Court lawyer she says, “The integral part of Article 21 of the Indian Constitution – Privacy, Dignity and Reputation cannot be taken away merely on the allegation of having committed an offence and/or being taken into custody by police.”

She calls for a better legal practice, one that is fair to the person being tried. She says, “One cannot ignore the existence of cases including the present case of Aryan Khan getting a clean chit, wherein the (alleged) accused presented before the court are being wrongly charged and prosecuted. Hence, these murky realms of speculation should be put to a stop.”

After Aryan’s news broke out, speculation arose about a possible investigation into the way NCB officials handled the case and their competence with handling the case and its investigation. Speaking about it, Khushbu says, “On the aspect of improper investigation into the Aryan case, the government has asked a competent authority to take appropriate action against an ex-NCB official. One of the crucial features of the rule of law is accountability. Abusing the position or acting in breach of law while exercising powers can invite punishment. And any such an act should be open to critical scrutiny and examination by the courts. A person must exercise the power conferred strictly within the parameters of law and their commitment to the rule of law shall remain steadfast. Any acts of lawlessness by those who are the custodians of law are unacceptable. The expectation is that they should have the greatest respect for the personal liberty of citizens.”