'Why was Kamaal Khan not summoned in Salman hit and run case?'

April 23, 2015 06:15 pm | Updated 06:15 pm IST - MUMBAI

A social activist on Thursday asked before the Sessions court here why actor and singer Kamaal Khan was not summoned in the 2002 hit and run case against actor Salman Khan. Kamaal Khan, argued the activist, was a prime eye witness who was travelling with Salman at the time of the accident, and who had told the police that Salman was driving the car at that time.

One labourer was killed and four were injured in the mishap on September 28, 2002. According to the prosecution, only three persons were present in the car at time of the accident — Salman Khan, his bodyguard constable Ravindra Patil and singer Kamaal Khan. While Ravindra Patil, who registered the complaint against the actor, passed away in the year 2007, Kamaal Khan was not summoned by the prosecution to depose before the Sessions court here.

"His name was present in the original list of witnesses. But then the prosecution dropped it. Why was it done? Why was Kamaal Khan not called to the court?" advocate Abha Singh, who represented the social activist, asked.

She has moved an application alleging that the prosecution and the police were hand in glove with the accused. She has sought that the police officials should be tried for perjury for producing wrong set of doctors before the trial court, thereby delaying the trial by three years. When those doctors were being examined by the lower court, they had said they had not treated any victims of this case.

On Thursday, she also told designated Judge D.W. Deshpande that the prosecution had failed to summon a key witness in the case — Kamaal Khan.

"He had given a statement to the police on 4th October 2002 that Salman was driving the car. Thereafter, he did not appear before the court. A non-bailable warrant was thus issued against him, after which he promised to depose before the court whenever summoned," she said.

But the prosecution subsequently dropped the names of 37 of the 64 witnesses who were mentioned in the original witness list. Kamaal Khan's name figured on no.47. His name was dropped too.

After hearing her arguments, the honourable judge asked her to submit written arguments before him on Friday.

Ms Singh said she will also submit a copy of Kamaal Khan's statement before the police, where he had said that the actor was on the wheels at the time of the mishap.

The court will decide on her application on May 6, before giving its verdict in the hit and run matter.

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