A Supreme Court bench comprising of Justice S.J. Mukhopadhyay and Justice A.K. Goel reserved its order on the appeal filed by the Rajasthan Government challenging a State High Court order staying the conviction of actor Salman Khan so that he could travel to Britain for a film engagement.
The Bench asserted that Salman’s conviction could not be stayed merely because it was hampering his getting a British visa. The Court asked, “You say you are facing hardship because you won’t get a UK visa if the conviction is not suspended. Tomorrow, convicted politicians can come to this court saying they are facing hardship so suspend the conviction. Can we do that?”
Earlier on October 30, the prosecution eye witness had identified Bollywood actresses Sonali Bendre, Neelam and Tabu before the court during the hearing of the case. Actor Saif Ali Khan was also named in the 16 year old black buck poaching case.
Salman had while shooting for the movie ‘Hum Saath Saath Hain’ allegedly shot down two black bucks while being accompanied by Saif Ali Khan and the three actresses.
The case was heard by Chief Judicial Magistrate (rural) Anupama Bijlanai. In February 2006, the court of the Chief Judicial Magistrate had sentenced Salman to one-year imprisonment.
A bench comprising of Justices S.J. Mukhopadhyay and P.C. Pant had earlier on September 6th stated, “Let equal law apply to everyone. There should be no discrimination vis-a-vis convicts,” The Court also clarified that conviction stayed means that the hearing involves re-appreciation of the evidence.
While Salman Khan opposed the stand taken by Rajasthan Government that the high court had granted special privileges to him by staying his conviction in which he was sentenced by a trial court to undergo five-year jail term, in the Blackbuck case before the Supreme Court, the Court observed that “You may have good case for suspension of sentence but not for conviction,”
The bench comprising by Justices S J Mukhopadhaya and P C Pant said “Let equal law apply to everyone. There should be no discrimination vis-a-vis convicts,” The Court also clarified that conviction stayed means that the hearing involves re-appreciation of the evidence.
However, Salman in his affidavit has stated that he has always been treated as an ordinary citizen by courts and never been given any special privilege. Salman, trying to justify the order of the Rajasthan High Court staying his conviction in the black buck hunting case and dismissal of appeal filed by state government against the decision also submitted that he has been one of the highest tax-payers in the country and the high court stayed his conviction to enable him to go abroad for his professional engagement which brings in foreign exchange in the country.
Salman was convicted by the trial court and was given a 5 year term in 2006, however his conviction was suspended by the Rajasthan High Court by the order dated November 12, 2013, against which the government of Rajasthan approached the Supreme Court.
After his conviction was suspended, it opened doors for Salman to apply for a UK visa. Salman was issued notice by the Apex Court on July 9 and the Court today was critical of the relief granted to the actor by the High Court.
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