Salman case: Justice delayed and denied

Seven months after actor Salman Khan was sentenced to five years jail by a sessions court in the 13-year-old hit-and-run case, the Bombay high court acquitted him of all charges, holding that the prosecution had failed to prove that he was driving the car under the influence of alcohol.

Setting aside Salman’s conviction, Justice AR Joshi said in the jam-packed courtroom, “The appeal is allowed. The trial court’s verdict is quashed and set aside...Salman is acquitted of all the charges.” 

Holding the evidence as “weak”, Justice Joshi dwelt upon the shortcomings in the prosecution’s case, such as not recording evidence of important witnesses and also omissions and contradictions in the evidence of injured witnesses.

He also expressed doubt over the statement of eyewitness Ravindra Patil, former police bodyguard of Salman, recorded by a magistrate in which he had implicated the actor saying that he was driving under the influence of liquor.

Justice Joshi described Patil as a “wholly unreliable” witness and said the appellant cannot be convicted on the basis of evidence given by him.

The judge said that he (Patil) was a wholly unreliable witness because he had subsequently made changes in his statement given to a magistrate. In the FIR filed soon after the mishap, he did not implicate Salman but in his statement before the court, he said the actor was driving under the influence of liquor.

The judge said the prosecution should have examined Kamaal Khan, singer friend of Salman, who was with him in the Toyota Land Cruiser when the mishap occurred on September 28, 2002.

Salman’s driver Ashok Singh, in his deposition as a defence witness, had told the trial court that it was he who was at the wheel and not the actor. He also said that he had gone to the police after the mishap, but his statement was not recorded. “Strong suspicion can’t be enough to hold anyone guilty,” Justice Joshi said, acquitting Salman.

“While we are aware of public opinion, it is a settled opinion that courts need to decide on law (points)...courts cannot be swayed by profession and status of the appellant,” the Judge noted.

The 49-year-old actor broke down on hearing the verdict and was seen wiping his tears. Wearing blue jeans and black-and-white shirt, Salman Khan looked relieved.

Meanwhile, Chief Minister Devendra Fadnavis said, the government would decide whether to appeal against the verdict after going through the order. “We will examine the (high) court order and decide on the further course of action.”

Salman arrived at the court at 1.30 pm, accompanied by his bodyguard Shera, brother-in-law Ayush, sister Alvira and his manager, as the judge had insisted on his presence during the pronouncement of the judgement.

The actor thanked his lawyers Amit Desai and Niranjan Mundargi. Salman’s fans, advocates and High Court staff thronged the court, where the verdict was delivered. Outside the HC, a crowd had gathered to catch a glimpse of the actor.

The judge ordered the Bandra police to return Salman’s passport to him and asked him to furnish a personal bond of Rs 25,000 in two weeks, in keeping with the provisions of the CrPC. Justice Joshi said in the verdict, “I am of the considered view that the appreciation of evidence by the trial court was not proper and legal in accordance with the principles of criminal jurisprudence.”