A plea seeking declaration of the Bombay High Court verdict acquitting actor Salman Khan in a 2002 hit-and-run case as ‘arbitrary’ and ‘void’, was moved before the Supreme Court on Monday.
The plea was mentioned before a Bench headed by Chief Justice TS Thakur which agreed to list it for hearing next week.
The plea moved by advocate Pandit Paramanand Katara said there has been an increasing tendency of such appeals being moved in different high courts, and the Supreme Court should settle the issue.
Maintaining that Salman was convicted and sentenced for five years with fine, he said hence the law required that the revision petition should have been filed under section 397/401 of the CrPC (powers of high court to hear revision petitions) and not a criminal appeal under section 374(2). Mr Katara said under section 374 of the CrPC, the appeal could be filed if the conviction was for seven years or more.
“The High Court passed a judgement acquitting Salman on December 10, 2015, without jurisdiction, and this legal flaw was not pointed out in the High Court by lawyers of both sides,” he said.
He sought that his petition be heard by a Constitutional Bench to decide the substantial question of law and clarify the ambiguity.
“Issue an appropriate writ or writs and guidelines, proclamation or declaration that the appeal against the conviction and sentence of five years passed by Sessions and Additional Sessions Judge, does not legally lie in the High Court...,” his plea said.
He sought declaration of judgement of December 10, 2015, acquitting Salman by the Bombay High Court without jurisdiction, ‘void’, ‘illegal’, ‘arbitrary’ and ‘unknown’ to the provisions of the CrPC. — PTI
