Salman Khan: hit-and-run case, 2002
(→The Mumbai hit-and-run case, 2002) |
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=The economics of jailing Salman Khan= | =The economics of jailing Salman Khan= | ||
| − | =Corporate houses= | + | ==Corporate houses== |
''' Eros, Mandhana tank up to 6% after court's verdict on Salman ''' | ''' Eros, Mandhana tank up to 6% after court's verdict on Salman ''' | ||
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Eros International Media had in December last year announced its collaboration on the two maiden productions of Salman Khan Films - 'Bajrangi Bhaijaan' and 'Hero'. | Eros International Media had in December last year announced its collaboration on the two maiden productions of Salman Khan Films - 'Bajrangi Bhaijaan' and 'Hero'. | ||
| − | =Other producers’ likely plight= | + | ==Other producers’ likely plight== |
[http://timesofindia.indiatimes.com/entertainment/hindi/bollywood/Salman-Khan-convicted-Films-that-will-get-affected/photostory/47173111.cms ''The Times of India''] | [http://timesofindia.indiatimes.com/entertainment/hindi/bollywood/Salman-Khan-convicted-Films-that-will-get-affected/photostory/47173111.cms ''The Times of India''] | ||
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Abhijeet's tweet drew so much flak that he had to apologise for it. | Abhijeet's tweet drew so much flak that he had to apologise for it. | ||
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=Hit and Run case: A timeline= | =Hit and Run case: A timeline= | ||
[http://www.thehindu.com/specials/timelines/timeline-of-salman-hitandrun-case/article7126163.ece ''The Hindu''] | [http://www.thehindu.com/specials/timelines/timeline-of-salman-hitandrun-case/article7126163.ece ''The Hindu''] | ||
| − | =2002= | + | ==2002== |
• September 28: Bollywood actor Salman Khan's Toyota Land Cruiser rams a roadside bakery in Bandra West, close to his seafront home in Galaxy Apartments. Four people sleeping outside the bakery are injured; one dies later. | • September 28: Bollywood actor Salman Khan's Toyota Land Cruiser rams a roadside bakery in Bandra West, close to his seafront home in Galaxy Apartments. Four people sleeping outside the bakery are injured; one dies later. | ||
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• October 24: Salman rearrested; secures bail from a Sessions Court. | • October 24: Salman rearrested; secures bail from a Sessions Court. | ||
| − | =2003= | + | ==2003== |
• March: Salman challenges the application of Section 304 II of the IPC. | • March: Salman challenges the application of Section 304 II of the IPC. | ||
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• December: Supreme Court rules that the magistrate should, after perusing the evidence, decide whether to invoke the section 304 II. | • December: Supreme Court rules that the magistrate should, after perusing the evidence, decide whether to invoke the section 304 II. | ||
| − | =2006= | + | ==2006== |
• October: The Bandra metropolitan magistrate's Court frames charges against the actor under section 304 I (rash and negligent driving) and other relevant sections of the Indian Penal Code. | • October: The Bandra metropolitan magistrate's Court frames charges against the actor under section 304 I (rash and negligent driving) and other relevant sections of the Indian Penal Code. | ||
| − | =2007= | + | ==2007== |
• May 22: A chemical analysis report suggests that Salman Khan was drunk at the time of the accident. | • May 22: A chemical analysis report suggests that Salman Khan was drunk at the time of the accident. | ||
| − | =2011= | + | ==2011== |
• March: The prosecution seeks enhanced charges against Salman. | • March: The prosecution seeks enhanced charges against Salman. | ||
| − | =2012= | + | ==2012== |
• December 2012: The Bandra Metropolitan Magistrate Court rules that a case has been made out under Sec. 304 II and commits the trial to the Mumbai Sessions Court. | • December 2012: The Bandra Metropolitan Magistrate Court rules that a case has been made out under Sec. 304 II and commits the trial to the Mumbai Sessions Court. | ||
| − | =2013= | + | ==2013== |
• March: Salman files a revision application with the Sessions Court, challenging the lower court order. | • March: Salman files a revision application with the Sessions Court, challenging the lower court order. | ||
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• December: The Mumbai Sessions Court orders a fresh trial against the actor and with recording of fresh evidence from all witnesses who had also deposed before the Metropolitan Magistrate court. | • December: The Mumbai Sessions Court orders a fresh trial against the actor and with recording of fresh evidence from all witnesses who had also deposed before the Metropolitan Magistrate court. | ||
| − | =2014= | + | ==2014== |
• April, 2014: First witness Samba Gowda deposes in the re-trial, and it continues before the Sessions Court with regular hearings. | • April, 2014: First witness Samba Gowda deposes in the re-trial, and it continues before the Sessions Court with regular hearings. | ||
| − | =2015= | + | ==2015== |
• March 25: Special Public Prosecutor Pradeep Gharat closed his case against Salman after examining 27 witnesses during the re-trial. | • March 25: Special Public Prosecutor Pradeep Gharat closed his case against Salman after examining 27 witnesses during the re-trial. | ||
• | • | ||
Revision as of 09:34, 7 May 2015
In May 2015 a sessions court convicted Mr Khan under Section 304 of the Indian Penal Code, finding him guilty of culpable homicide not amounting to murder
In May 2015 a sessions court convicted Mr Khan under Section 304 of the Indian Penal Code
Details of the case will be found elsewhere on this page,
Graphic: The Times of India
Contents |
Sources
Below you will find all the facts that most people need. However, for a detailed account please got to the page Salman Khan: hit-and-run case, 2002
Rebecca Samervel, The Times of India
i)Salman Khan charged with culpable homicide, pleads not guilty; ii) Saw Salman Khan Getting Out of Driver's Side: 2002 Hit-&-Run Witness/ Abhinav Bhatt | Tuesday May 6, 2014. iii) Waiter Identifies Salman Khan, Says he Served Drinks to the Actor's Group | Press Trust of India | Monday May 19, 2014
NDTV Edited by Surabhi Malik | July 24, 2013 NDTV.com
The incident
In September 2002, actor Salman Khan was allegedly driving a Toyota Land Cruiser that ran over a group of people sleeping on the pavement outside a bakery in suburban Bandra. Nurullah Mehboob Sharif was killed and four others were injured after Khan’s Toyota Land Cruiser ran up the stairs of American Express Laundry on Hill Road at Bandra in the intervening night of September 27 and 28, 2002.
The progress of the case
Khan was arrested and freed the same day after a medical check-up. He was rearrested in October 2002, but got bail from the sessions court.
The trial began in October 2006 at the Chief Metropolitan Magistrate Court at Bandra [under the lesser charge of causing death by rash and negligent driving, which would have carried a maximum punishment of only two years in jail].
In 2012, the magistrate ruled in favour of an enhanced charge under Section 304 II of the IPC (culpable homicide not amounting to murder) and transferred the case to the Mumbai sessions court for a fresh trial.
In 2013, the sessions court framed charges under the aforesaid more stringent Section. Earlier, the actor had faced the charge of causing death by negligence under Section 304-A of the IPC.
Now he also faced the charges of rash driving under Section 279 and abetment of assault under Section 134 of the IPC, besides those under the Motor Vehicle Act. He was also charged in 2013 under sections 279 (for rash and negligent driving), and 337 and 338 (causing grievous hurt).
Why the graver section was added
The graver section was added after key prosecution witness, Khan's bodyguard, policeman Ravindra Patil, who was present in the car, told the police that the actor had been driving drunk. Patil died in 2007, but his examination before the magistrate court was included in the present trial. During the final arguments, defence advocate Srikant Shivde, however, opposed this inclusion and said his statement before the court was taken when Khan was being tried for the lesser charge of rash and negligent driving.
While special public prosecutor Pradeep Gharat had examined 27 witnesses with one turning hostile, Shivde presented one defence witness Ashok Singh, who gave an altogether new twist to the case. Ashok Singh, Khan's driver, told the court in March [2015] that it was him and not the actor behind the wheel on the intervening night of September 28, 2002.
Singh's revelation came just after Khan took a similar stand during his statement before the court. Khan also told the court that he had only been drinking water during his visit to Rain Bar and J W Marriot, hours before the incident.
Arguments centred around whether Mr Khan was driving the car that day or not. The Mumbai police say they have enough evidence, a claim accepted by the sessions court, which had last month rejected Mr Khan's appeal against charging him with "culpable homicide not amounting to murder" or Section 304 of the Indian Penal Code, setting the stage for framing charges.
An eye-witness saw Salman Khan getting out of the driver's side. A survivor testified in court in May 2014 that actor Salman Khan was so drunk that he fell down, then got up and ran away from where his car ran over a group of people in Mumbai in 2002.
Then a bar waiter identified actor Salman Khan in a court saying he had come along with his friends in a group to have drinks in a five-star hotel on the same night, hours before Mr Khan ran over his car over people sleeping on footpath in suburban Mumbai.. The waiter, Molay Baug, told Judge D W Deshpande that he had served cocktails and Bacardi (White Rum) to the group who had come along with Mr Khan t to 'Zen Bar' in J W Marriot Hotel, but could not remember whether the actor had consumed drinks.
In August 2014 the police informed the court that most of the original statements of witnesses, even the case diaries, had gone missing. In December 2014 [1] another key prosecution witness was forensic expert Dattaray Bhalshankar, the chemical analyst who told the court that Khan's blood sample taken hours after the incident, tested positive for 62 mg of alcohol. This he said was over double the permissible limit of 30mg. per 100ml of blood as per the Motor Vehicle Act. In his cross examination, however, the witness could not recollect how he conducted the method to analyze the sample. The defence also claimed that he was not an expert and had not taken proper precautions.
According to a report in Mumbai Mirror, the prosecution in the 2002 hit-and-run case told the sessions court that Salman's lawyer was delaying the trial to which the judge agreed saying that the case had already been going on for 13 years and should have ended by December 2014. The report stated that as per the chemical analysis, Salman's blood alcohol level was found to be double the legal limit.
The actor was periodically exempted from appearing in the court on some hearing dates. The Times of India
Mr Khan pleaded not guilty in 2013.
2015: Guilty of culpable homicide
On 6 May 2015, sessions judge Justice D W Deshpande convicted Salman Khan under Section 304 of the Indian Penal Code, culpable homicide not amounting to murder. Mr Khan was held guilty of all eight charges which includes rash and negligent driving, drunk driving and driving without valid licence.
The court relied upon judgements in Alistair Pereira case and Nikhil Nanda BMW case of Delhi while convicting Salman.
Section 304 of the Indian Penal Code which carries a maximum sentence of ten years. The section reads: ‘Whoever commits culpable homicide not amounting to murder shall be punished with 104[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,
or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.’
Judgement day: events
While Salman was awaiting the judgment, the judge told the actor, "You were driving the vehicle and you were under the influence of alcohol." "This has been proved that you were driving the car," stated judge DW Deshpande
While the quantum of punishment was being decided, Salman Khan's lawyer spoke about the illness that the actor is suffering from, and that if he is jailed, then some conditions for the treatment need to be provided. However, Salman stopped his lawyer from reading further for lesser quantum.
Salman had no expression on his face, no tears, his head was tilted down when Judge DW Deshpande announced the jail term. The shocked actor was surrounded by his family and then he broke down in tears.
The actor was taken into custody. He was taken to the Arthur Road jail immediately after the court verdict.
The Bombay Court being shut for vacation, and Salman had to wait for a few days for bail. However, the Bombay HC gave the actor 48 hours' interim bail on the ground that a copy of the order had not been served on him.
While waiting for the judgment, Salman greeted political leader, Baba Siddiqui with a smile. Salman's sisters Alvira Khan Agnihotri and Arpita Khan Sharma were in tears in the courtroom. Reportedly, the actor spoke to his sister and even told the public prosecutor that he was doing a good job.
Advocate Abha Singh expressed happiness on the sentence and said, “Today's judgment has made it clear that no one is above the law.”
Mohd Kalim (Victim of Hit & Run case) reacted: 'We are happy with the Salman Verdict , but we should also be given compensation'
The economics of jailing Salman Khan
Corporate houses
Eros, Mandhana tank up to 6% after court's verdict on Salman
Shares of Eros International Media and Mandhana Industries Ltd, the entities associated with Samlan Khan, came under intense selling pressure immediately after the actor was sentenced to five years rigorous imprisonment.
Eros International shares tanked 5.72 per cent to settle at Rs 380.80 on the BSE. During the day, it slumped 7.15 per cent to Rs 375.
Shares of Mandhana Industries, too, plunged 4.24 per cent to close at Rs 264.50. In intra-day session, it dipped 4.74 per cent to Rs 263.10.
Eros's market valuation fell by Rs 213.32 crore to Rs 3,522.68 crore and that of Mandhana went down by Rs 37.87 crore to Rs 876.13 crore.
Mandhana Industries is associated with the actor's NGO 'Being Human'. It has an exclusive licence agreement with Being Human - the Salman Khan Foundation - for designing, marketing and distributing Being Human clothing products.
Eros International Media had in December last year announced its collaboration on the two maiden productions of Salman Khan Films - 'Bajrangi Bhaijaan' and 'Hero'.
Other producers’ likely plight
The Times of India pointed out: ‘Salman Khan's movies are the biggest crowd pullers, and if year 2015 doesn't witness a single movie of Salman, then it will directly affect the entire year’s box office collection.’
In 2015 alone, Rs 200 crore and Rs 250 crore are riding on Salman (including production and marketing of Bajrangi Bhaijaan and Prem Ratan Dhan Payo).
Bajrangi Bhaijaan: Dir: Kabir Khan, with whom Salman Khan made the superhit, Rs 200 crore-plus earner, Ek Tha Tiger. The film was slated to release on Eid 2015. Status: Incomplete.
Prem Ratan Dhan Payo was set for a Diwali 2015 release. Dir: Sooraj Barjatya, with whom Salman Khan made superhits like Maine Pyaar Kiya, Hum Aapke Hain Koun and Hum Saath Saath Hain. Salman Khan is doing a double role. Status: Incomplete.
Shuddhi: Dir Karan Johar's ambitious project is loosely based on the novel ‘Immortals of Meluha’ Originally slated for a 2017 release.
No Entry Mein Entry: A sequel to the hit No Entry
Sultan: Salman Khan had never worked with Yash Raj Films before Ek Tha Tiger [mainly because big filmmakers rarely give stars their going market price, which Salman apparently insisted on]. After the film broke several box office records, they had planned another project together titled Sultan. The film was said to be directed by Ali Abbas Zafar and Salman was to essay the role of a boxer.
Advertisements: According to reports, Salman is paid Rs 1-2 crore for a single advertisement. Possibly, the advertisers may remove Salman from the advertisements as they did when last time Salman went to jail.
Reaction at home
Preity Zinta and Sonakshi Sinha were spotted visiting the Galaxy Apartments. The actresses, who share a good rapport with Salman Khan and his family kept Salman's mother company and consoled her after the verdict.
Sohali Khan and his wife were also seen reasoning with Salman's mother.
The actor’s mother had been visiting temples the few days before the verdict. The day before the verdict Salman returned from Jammu and Kashmir where he had been shooting for his home production Bajrangi Bhaijaan, which is due to release three months later, in July 2015.
Certain celebrities got emotional about the verdict.
Singer Abhijeet Bhattacharya tweeted, “Kutta rd pe soyega kutte ki maut marega, roads garib ke baap ki nahi hai I ws homles an year nvr slept on rd Come out fraternity, support @BeingSalmanKhan boldly not hypocriticly Roads footpath r not meant 4 sleeping, not driver's or alcohol's fault. Mumbai ke road Aur footpath pe sone ka shauk hai ?? Y not at your village no vehicles to kill u.. Suicide is crime so is sleeping on footpath..80% homeles film ppl strugld achievd stardom but never slept on footpath”
Farah Khan Ali tweeted, "The govt should be responsible for housing ppl.If no 1was sleeping on d road in any other country Salman wuld not have driven over anybody. It's like penalising a train driver because someone decided to cross the tracks and got killed in the bargain."
Abhijeet's tweet drew so much flak that he had to apologise for it.
Hit and Run case: A timeline
2002
• September 28: Bollywood actor Salman Khan's Toyota Land Cruiser rams a roadside bakery in Bandra West, close to his seafront home in Galaxy Apartments. Four people sleeping outside the bakery are injured; one dies later. • • October 21: Salman charged under Section 304 II (culpable homicide not amounting to murder) of the Indian Penal Code. • • October 24: Salman rearrested; secures bail from a Sessions Court.
2003
• March: Salman challenges the application of Section 304 II of the IPC. • • May: Court rejects Salman's application and asks the magistrate's court to frame charges under the section 304 II of the IPC. • • June: Salman appeals in the Bombay High Court, which holds that the section is not applicable in the case. • • October: The state challenges the High Court order in the Supreme Court. • • December: Supreme Court rules that the magistrate should, after perusing the evidence, decide whether to invoke the section 304 II.
2006
• October: The Bandra metropolitan magistrate's Court frames charges against the actor under section 304 I (rash and negligent driving) and other relevant sections of the Indian Penal Code.
2007
• May 22: A chemical analysis report suggests that Salman Khan was drunk at the time of the accident.
2011
• March: The prosecution seeks enhanced charges against Salman.
2012
• December 2012: The Bandra Metropolitan Magistrate Court rules that a case has been made out under Sec. 304 II and commits the trial to the Mumbai Sessions Court.
2013
• March: Salman files a revision application with the Sessions Court, challenging the lower court order. • • June 24: The sessions court rejects Salman's application, paving the way for applying the stringent section. • • July 23: The Mumbai Sessions court frames charges against Salman invoking the enhanced charge of 'culpable homicide not amounting to murder.' • • December: The Mumbai Sessions Court orders a fresh trial against the actor and with recording of fresh evidence from all witnesses who had also deposed before the Metropolitan Magistrate court.
2014
• April, 2014: First witness Samba Gowda deposes in the re-trial, and it continues before the Sessions Court with regular hearings.
2015
• March 25: Special Public Prosecutor Pradeep Gharat closed his case against Salman after examining 27 witnesses during the re-trial. • • April 20: Defence counsel Shrikant Shivade forcefully argues against prosecution charges and closes its arguments. • • April 20: Mumbai Additional Sessions Judge D.W. Deshpande sets date for verdict. • • April 24: Social activist Santosh Daundkar pleads that singer Kamaal Khan, the only surviving star eye-witness to the alleged crime should be summoned. • • May 6: Salman Khan is convicted of all charges including culpable homicide.
