Activist can’t intervene: Khan’s lawyer
Actor Salman Khan’s counsel on Friday objected to the intervention of social activist Santosh Daundkar in the 2002 hit-and-run case, stating that in a criminal trial, a third person who is not a part of the case, has no locus standi to intervene.mumbai Updated: Jul 20, 2013 02:27 IST
Actor Salman Khan’s counsel on Friday objected to the intervention of social activist Santosh Daundkar in the 2002 hit-and-run case, stating that in a criminal trial, a third person who is not a part of the case, has no locus standi to intervene.
Daundkar had moved an application through his advocate Abha Singh before the sessions court praying that he be allowed to carry forward the allegations he had made before the magistrate court which was hearing the case earlier, before it slapped the more serious charge of culpable homicide not amounting to murder, which led to it being transferred to the higher court. New section addedOn December 3, the activist had moved a complaint before the additional metropolitan magistrate court in Bandra claiming that the police had intentionally delayed the trial by not issuing and serving summons on time, had issued summons to wrong witnesses, and had called for evidence doctors who were not the ones who had conducted the postmortem of the deceased, among others. The magistrate had ordered a judicial inquiry into the allegations, the report of which is pending.
Daundkar now wants the sessions court to include strictures against the concerned policemen for the alleged violations in its final judgement.
Khan’s lawyer Shrikant Shivde contended that such an application cannot be allowed as Daundkar’s plea is pending before the magistrate court, and also alleged that the application is just a ploy to malign Khan’s reputation, and to gain publicity.
Shivde also argued the application made by the activist is bad in law. The application contains allegation against police officers for submitting false evidence, but they have not been made a party to the case, Shivde said.
Shivde further contended that in a criminal trial, a third party who is not connected to the case cannot be heard. “If such applications are allowed, there would be a number of people waiting to be heard in such cases,” Shivde contended.
Public prosecutor Shanker Erande also objected to the application stating that Daundkar is neither a victim of the accident, nor a witness in the case, and hence should not be allowed to intervene.
The sessions court deferred the decision on the application to July 24, when the court would frame charges against the actor and begin the trial. A pavement-dweller was killed and four others injured when a car allegedly being driven by Salman in an inebriated state ran over them in Bandra.