[Aryan Khan Bail] Today's Bombay High Court order a message to authorities to stick to law: Senior Counsel Amit Desai

Senior Counsel Amit Desai is one of the more prominent names in the legal circuit, having appeared in a number of high-profile cases. In 2015, he successfully argued Salman Khan’s appeal in the 2002 hit-and-run case. Most recently, he appeared for Shahrukh Khan’s son Aryan Khan in the cruise ship drug case before the Sessions Court.

. On Thursday, the Bombay High Court granted bail to Desai’s client Arbaaz Merchant as well as Aryan Khan and Munmun Dhamecha.

In an exclusive chat with Bar & Bench , Desai explains the role of the media in such cases, why probe agencies, including the Narcotics Control Bureau (NCB), need to stick to the law, and more.

. Below are excerpts.

. Your reaction to the bail verdict?

Desai : As a lawyer, I am very glad that constitutional values and principles of liberty have been upheld today, and that is what I think is important.

In such cases, we have often tried to persuade courts that when the Supreme Court has already given the guidance - that bail is the rule and jail is the exception - arrests have to be reduced. We have had the new jurisprudence for the last 15 years or so, and yet we find that authorities are not necessarily following the principles laid down by the Supreme Court.

I think that is something which is bigger than the case itself and I think that a message should go to the authorities - all authorities and not just the NCB. I think it is important that they follow the settled principles laid down by the Supreme Court, and follow the amendments to the law. The spirit of the law needs to be followed along with the letter of the law by all sides - agencies and citizens.

. Did you think there were good grounds for grant of bail?

Desai : I think we had very strong grounds all along. As a professional, in my mind, there were no doubts that bail should have been granted earlier (by the Sessions Court). But we are at least very happy that it has happened here and I hope a good message (goes out) to all courts that this is the legal principle that should be followed.

There are all type of litigants and the benefit of these principles is clearly for those who don’t always have the ability and wherewithal to fight the system.

. What is your take on the attention such cases garner in the media?

Desai : I think the last time I saw so much attention was when I did the Salman Khan case.

. What has changed since then? As a legal professional, how do you deal with the attention?

Desai : There is one simple principle in all this. The media has a responsibility and I think there can not be any debate on that. The issue that sometimes comes about is the responsibility of the agencies and some part of the media and how you balance those.

There is the experience as many decisions of the High Courts, Supreme Court, in the past, have talked about media trials, have refrained media from holding talks about sub-judice matters as it affects the administration of justice.

They have talked about investigating agencies about who should be prevented from leaking the information to the media. So these are all well-settled principles. They have gone back for decades.

I think the challenge that we face today is that because of the penetration of media, it is no longer traditional media, which was print (media) when we grew up. Now we have (television) channels and the whole deep-rooted social media through the internet, and therefore, there are more and more people who are able to access what is happening around the world.

So one has to be cautious and stick to principles as a professional and ensure that we do not cross the line. Our role is in the courtroom and it is to ensure that law and facts are properly presented before the court.

. I must say that by far and large, you find many judges are able to withstand the media pressure and maintain objectivity based upon evidence and law, presented in court.

I think today is a classic case of the ability of the High Court to stand up and see the law, see the facts and see the legal principles which have been settled, and decide the matter. It actually gives us a lot of confidence and joy when we see it happening.

. Q. When are the accused likely to walk out of jail?

Desai : We will have to wait for the operative part of the order, which may be out a little later today. The procedure for releasing a person is reasonably time consuming, and if the operative part is out today, then may be tomorrow the procedures will be completed, and at some point in time tomorrow, the three of them will be out.

. Q. Which is your favourite SRK movie?

Desai : When I was younger, I used to see a lot more (movies). The inspirational one was quite good. It was on Hockey - Chak De India.

The other is a romantic one, DDLJ (Dilwale Dulhania Le Jayenge) . We were all young when it came out.

[Aryan Khan Bail] Today's Bombay High Court order a message to authorities to stick to law: Senior Counsel Amit Desai

Aamir Khan

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