HC dismisses Salman’s plea to summon Kamaal Khan as witness

The Bombay High Court on monday dismissed an application filed by actor Salman Khan, sentenced to five-year jail term in the 2002 hit-and-run case, seeking examination of his friend and singer Kamaal Khan as a witness by the prosecution.

Salman Khan had on November 16 filed the application before Justice A R Joshi who is hearing the actor's appeal against the conviction and sentence handed over to him by a sessions court in connection with the case.

Under section 391 of Criminal Procedure Code, the high court can summon a witness while hearing an appeal "if it thinks additional evidence to be necessary". Justice Joshi, however, refused to summon Kamaal and said "recourse to section 391 is taken only in special cases where circumstances specially warrant it. There is nothing in the present case to entertain the application filed by the appellant (Salman) and summon Kamaal Khan." 

"There is nothing to show that but for the substantial evidence of Kamaal Khan no decision can be taken in the appeal. If there is no dire need for the examination of Kamaal Khan and if the material available can be analysed in itself, then in the considered view of this court recourse to section 391 is not the ultimate requirement," Justice Joshi said.