SC admits appeal against Salman’s acquittal in 2002 hit-and-run case

NEW DELHI: The Supreme Court on Tuesday virtually put the Maharashtra government’s appeal challenging Salman Khan’s acquittal in a 2002 hit-and-run case in cold

NEW DELHI: The Supreme Court on Tuesday virtually put the Maharashtra government’s appeal challenging Salman Khan’s acquittal in a 2002 hit-and-run case in cold storage as it admitted the state’s petition but refused to fast-track the hearing.

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Under the top court’s rules, once an appeal is admitted, it comes up for hearing in due course. This means the case against the actor is unlikely to be heard before four years, unless the court decides to give it priority.

“This case dates back to 2002. By the time the appeal comes up for hearing, many years would have gone by. We request you to list it after six months,” attorney general Mukul Rohatgi appealed to the court on behalf of the state government. But a bench headed by justice JS Khehar — which also accepted Khan’s request that the case be decided on merit — told the law officer, “This is an accident case. We cannot expedite it just because X, Y or Z is involved.” It, however, said Rohatgi was at liberty to seek an early hearing from the Chief Justice of India.

In its appeal, the state said the high court had erred in concluding that the investigation was conducted in a “careless and faulty manner”, ignored Khan’s conduct — the fact that he made no attempt to call the police soon after the accident — and the statement of an injured witness who had testified that the actor was driving the SUV.

Khan’s defence that his driver was at the wheels was made before the trial court for the first time, a good 12 years after the incident, the appeal said.

Maharashtra insisted the high court should have taken into account the evidence of Khan’s bodyguard, Ravindra Patil, recorded before a magistrate before the case was transferred to the sessions judge. Patil had died by the time the trial started.

The state also denied the allegation that there was a delay in sending Khan’s blood sample for lab testing and that it was not properly preserved.