Salman needn't submit his driving licence, says court

Updated - November 28, 2021 12:44 pm IST

Published - March 03, 2015 12:55 pm IST - MUMBAI

In this September 28, 2002 photo, actor Salman Khan is led to a police station after he surrendered to police in a hit-and-run case.

In this September 28, 2002 photo, actor Salman Khan is led to a police station after he surrendered to police in a hit-and-run case.

Salman Khan need not submit his licence to the court in the 2002 hit-and-run case, a court ruled in Mumbai on Tuesday. The sessions court denied the application filed by prosecution seeking production of his licence.

An accused cannot be asked to produce incriminating evidence against himself, the actor had argued in the matter.

The prosecution had moved an application seeking production of his licence. It had claimed that the actor did not have proper, valid documents with him during the 2002 accident.

It said it wanted to prove this charge against him. But Mr. Khan had opposed the application. He had said that the application was untenable and not maintainable.

"No accused can be directed to produce incriminating documents against himself. This is breach of self-incrimination privilege," Shrikant Shivade, appearing for the actor, had argued earlier. He had said that the prosecution should prove the charge without making him submit the documents.

At no point during the long-winding trial has Mr. Khan ever claimed that he possessed a valid driving licence during the mishap or that he was driving at that time.

The prosecution had earlier examined officials of the Andheri RTO who had told the court that Mr. Khan was >issued a driving licence only in August 2004 , nearly two years after the hit-and-run case.

The court will now hear the matter on March 7, 2015, when the defence is likely to argue on the admissibility of the statements of deceased police constable Ravindra Patil and a doctor who had done the post mortem of a victim in the case.

Mr. Patil who died in the course of the trial, had told the lower court in his deposition that he had warned Salman against driving rashly. He had said that the actor was under the influence of alcohol.

The doctor who conducted the post mortem of the victim, is now retired and settled in the U.S. He is not available to the prosecution for recording of statement. Therefore the prosecution has moved an application seeking permission for reliance on their statements in this trial.

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