Salman Khan was convicted and sentenced to five years in jail in the
1998 Blackbuck Poaching Case on Thursday April 05,2018
Salman Khan was also fined Rs 10,000, while his co-actors Saif Ali Khan, Sonali Bendre, Tabu and Neelam Kothari were acquitted.
So far, Salman Khan has spent 18 days in Jodhpur Jail. He was arrested by the Forest Department on October 12, 1998 and the court had imprisoned him till October 17. When the trial court had pronounced 5-year imprisonment on April 10, 2006, Khan spent six days in jail. When the Sessions Court confirmed the sentence in Ghoda Farm case, Khan remained in jail from August 26 to 31, 2007
However, Salman does have legal recourse to opt out of jail if the judiciary agrees to his submissions.
Salman Khan has applied for bail in the Sessions Court, which will take up the plea at 10:30am on Friday. He can also appeal against his conviction in the Rajasthan High Court. The bail can be sought on the basis of continuous cooperation or the enormous amount of financial investments involved in his upcoming movies. Almost Rs 500 crore is at stake if his movies Race 3 and others are shelved at this point of time.
A similar instance holds in favour of Salman Khan. In May 2015, the Bombay HC had granted interim bail to the actor in the hit-and-run case, hours after his conviction and sentencing by a sessions court judge. The bail was granted on the ground that the actor had not been supplied with a detailed and reasoned order.
Salman was convicted under Section 9 of the Wildlife Protection Act of 1972.
The text of this section reads, "Prohibition of Hunting. No person shall hunt any wild animal specified in Schedule I, II, III and IV except as provided under section 11 and section 12." Salman Khan was found guilty of hunting an animal listed in Schedule I.
Schedule I is the highest level of protection that an animal can have under Indian law. It is this Schedule that provides ultimate protection to the National Animal (Royal Bengal Tiger), National Bird (Peafowl), other important animals like the Indian Lion and endangered species such as the Olive Ridley Turtle.
Schedules II, III and IV offer differing levels of protection to the animals and plants listed in them. The penalties for harming or killing these animals vary in severity with each Schedule.
The Blackbuck (Antelope cervicapra) is protected under the Schedule I. It is the second animal on the alphabetical list.
Sections 11 and 12 create exemptions for reasons of safety and scientific study. They give certain government officials the power to give permission to hunt animals that pose a threat to human life, for eg a man-eating tiger or lion. It also provides officials the power to give permission to hunt animals to be studied as part of scientific research or for the conservation. These exemptions clearly do not apply to Salman Khan's case.
Section 51 of the WPA lays out the penalties for any offences committed under the law. The basic punishment under this section is either imprisonment that can extend to three years or a fine of up to Rs 25,000, or both. But it is not under this provision that Salman Khan was given the 5-year sentence.
A man was killed and four others were wounded when Khan's Toyota Land Cruiser ran over them while they were asleep on a pavement outside a bakery in suburban Bandra on September 28, 2002.
"The normal rule is that when an appeal is admitted and the sentence is under seven years, it (the sentence) is suspended. Why do you (prosecution) want to depart from this norm?" Justice Thipsay said, rejecting prosecution's contentions against the suspension of sentence.
The Supreme Court Of India(SCI)has delivered several judgments wherein it has reminded that the basic rule is bail and not jail.
One such instance came in State Of Rajasthan, Jaipur vs Balchand in which the apex court held that basic rule is bail, not jail, except where there are circumstances suggestive of “fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court”.
This bail by the Sessions Court will also depend on the bail bond furnished, and also restrictions on travel if the court feels that course of justice may be hampered.
Salman Khan now also has a period of 90 days to appeal against this judgment in the Rajasthan High Court. Khan’s primary contention in the case would be the acquittal on the basis of an earlier verdict which too found him innocent in a different case.
To recap, Justice Nirmaljit Kaur in an earlier case on Chinkara killing had acquitted Khan of all charges in Rajasthan High Court. Hence, there lies a possibility for this order to be struck down on appeal.
Justice Kaur had then noted that the place where the killing took place was never found, that the blood stains discovered did not match with that of the killed deer, the Chinkara carcass wasn't found, the weapon used for hunting was also not found and that even the vehicle examined did not corroborate the statement of the prosecution
How did it all begin?
Twenty years ago, actors Salman Khan, Tabu, Saif Ali Khan, Sonali Bendre and Neelam were shooting for the movie Hum Saath Saath Hain in Rajasthan, when Salman Khan allegedly shot two blackbucks in Kanakani village in Jodhpur on the night of October 2, 1998.
It was a case of alleged poaching which took place near an area inhabited by the Bishnois, a traditional community committed to protect the endangered animal and which remains vigilant against poachers in the area.
The prosecution has alleged that after hearing the gunshots, the Bishnoi villagers chased a Gypsy in which the actors fled, leaving the carcass behind. The case rests on the primary witnesses, the Bishnoi villagers.
Why was Salman Khan charged?
Salman Khan was charged in two separate cases, one for poaching and the other for offences under the Arms Act. Blackbucks are among the endangered animals listed in the Wild Life (Protection) Act 1972, and cannot be hunted. Hunting them is a criminal offence under the Act, and is punishable with a fine and/or imprisonment of up to three years.
But wasn’t Salman Khan acquitted recently?
There are four cases associated with the poaching incident. Here’s a look:
Case 1 – Bhawad Chinkara Poaching: On September 27, 1998, Salman Khan allegedly hunted a Chinkara on the border of Bhawad village in the outskirts of Jodhpur.
Status of the Case: On February 17, 2006, the Court of Chief Judicial Magistrate sentenced him to one-year rigorous imprisonment. Salman Khan had approached the Rajasthan High Court for quashing of the sentence, bypassing his chance to appeal in immediate higher court of District Judge.
Case 2 - Ghoda Farm Poaching Case: On the night of September 28, 1998, Salman Khan allegedly hunted two Chinkaras near Ghoda Farm area in Osian region of Jodhpur.
Status of the Case: On April 10, 2006, Salman Khan was sentenced to five years rigorous imprisonment. Khan approached the District Judge against the decision, but his appeal was rejected and the sentence upheld, following which the actor appealed in the High Court with Revision Petition.
On July 25, 2017, Judge Nirmaljeet Kaur discharged Salman Khan in both Ghoda Farm and Bhawad Chinkara poaching cases.
Case 3 – Arms Act Case: A .32 revolver and .22 rifle was recovered by forest officials and police allegedly from Salman Khan’s hotel room after the poaching cases were registered against him. The weapons were seized on October 15, 1998 while Salman Khan’s arm license had already expired on September 22, 1998.
Status of the Case: The court acquitted Salman Khan in January 2017. The Rajasthan government had appealed against the judgment in District Judge Court.
Case 4 – Kankani Black Buck Poaching Case: On October 2, 1998, Salman Khan allegedly hunted two blackbucks. His co-stars Tabu, Sonali Bendre, Neelam and Saif Ali Khan are co-accused in the case and face charges of incitement.
Status of Case: Trial court to deliver verdict on April 5. The total number of witnesses in the case is 52
Main Arguments Before Trial Court
The primary basis of the case will be whether the prosecution was able to prove that Khan and others killed the blackbucks. HM Saraswat, Salman Khan's lawyer has argued that there has been a “false and malicious campaign” to target the actor and that the only weapons in his possession were air rifles, which cannot kill a deer and that the eyewitness statements were botched-up. Khan's lawyer had also shown a video to the court purportedly showing how the witnesses signed on blank papers.
What did Rajasthan HC observe while acquitting Khan of all charges?
The Rajasthan HC verdict by Justice Nirmaljit Kaur raised questions on the evidence against the actor and overruled the judgement of a Sessions Court which had sentenced the actor to one and five years of imprisonment in the two cases back in 2006.
Justice Kaur noted that the place where the killing took place was never found, that the blood stains discovered did not match with that of the killed deer, the Chinkara carcass wasn't found, the weapon used for hunting was also not found and that even the vehicle examined did not corroborate the statement of the prosecution.
Has Salman Khan been in jail till now for any of these cases?
So far, Salman Khan has spent 18 days in Jodhpur Jail. He was arrested by the Forest Department on October 12, 1998 and court had imprisoned him till October 17. When the trial court had pronounced 5-year imprisonment on April 10, 2006, Khan spent six days in jail. When the Sessions Court confirmed the sentence in Ghoda Farm case, Khan remained in jail from August 26 to 31, 2007
Salman Khan was also fined Rs 10,000, while his co-actors Saif Ali Khan, Sonali Bendre, Tabu and Neelam Kothari were acquitted.
So far, Salman Khan has spent 18 days in Jodhpur Jail. He was arrested by the Forest Department on October 12, 1998 and the court had imprisoned him till October 17. When the trial court had pronounced 5-year imprisonment on April 10, 2006, Khan spent six days in jail. When the Sessions Court confirmed the sentence in Ghoda Farm case, Khan remained in jail from August 26 to 31, 2007
However, Salman does have legal recourse to opt out of jail if the judiciary agrees to his submissions.
Salman Khan has applied for bail in the Sessions Court, which will take up the plea at 10:30am on Friday. He can also appeal against his conviction in the Rajasthan High Court. The bail can be sought on the basis of continuous cooperation or the enormous amount of financial investments involved in his upcoming movies. Almost Rs 500 crore is at stake if his movies Race 3 and others are shelved at this point of time.
A similar instance holds in favour of Salman Khan. In May 2015, the Bombay HC had granted interim bail to the actor in the hit-and-run case, hours after his conviction and sentencing by a sessions court judge. The bail was granted on the ground that the actor had not been supplied with a detailed and reasoned order.
What is Salman Khan guilty of?
Salman was convicted under Section 9 of the Wildlife Protection Act of 1972.
The text of this section reads, "Prohibition of Hunting. No person shall hunt any wild animal specified in Schedule I, II, III and IV except as provided under section 11 and section 12." Salman Khan was found guilty of hunting an animal listed in Schedule I.
Schedule I is the highest level of protection that an animal can have under Indian law. It is this Schedule that provides ultimate protection to the National Animal (Royal Bengal Tiger), National Bird (Peafowl), other important animals like the Indian Lion and endangered species such as the Olive Ridley Turtle.
Schedules II, III and IV offer differing levels of protection to the animals and plants listed in them. The penalties for harming or killing these animals vary in severity with each Schedule.
The Blackbuck (Antelope cervicapra) is protected under the Schedule I. It is the second animal on the alphabetical list.
Sections 11 and 12 create exemptions for reasons of safety and scientific study. They give certain government officials the power to give permission to hunt animals that pose a threat to human life, for eg a man-eating tiger or lion. It also provides officials the power to give permission to hunt animals to be studied as part of scientific research or for the conservation. These exemptions clearly do not apply to Salman Khan's case.
Section 51 of the WPA lays out the penalties for any offences committed under the law. The basic punishment under this section is either imprisonment that can extend to three years or a fine of up to Rs 25,000, or both. But it is not under this provision that Salman Khan was given the 5-year sentence.
A man was killed and four others were wounded when Khan's Toyota Land Cruiser ran over them while they were asleep on a pavement outside a bakery in suburban Bandra on September 28, 2002.
"The normal rule is that when an appeal is admitted and the sentence is under seven years, it (the sentence) is suspended. Why do you (prosecution) want to depart from this norm?" Justice Thipsay said, rejecting prosecution's contentions against the suspension of sentence.
The Supreme Court Of India(SCI)has delivered several judgments wherein it has reminded that the basic rule is bail and not jail.
One such instance came in State Of Rajasthan, Jaipur vs Balchand in which the apex court held that basic rule is bail, not jail, except where there are circumstances suggestive of “fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court”.
This bail by the Sessions Court will also depend on the bail bond furnished, and also restrictions on travel if the court feels that course of justice may be hampered.
Salman Khan now also has a period of 90 days to appeal against this judgment in the Rajasthan High Court. Khan’s primary contention in the case would be the acquittal on the basis of an earlier verdict which too found him innocent in a different case.
To recap, Justice Nirmaljit Kaur in an earlier case on Chinkara killing had acquitted Khan of all charges in Rajasthan High Court. Hence, there lies a possibility for this order to be struck down on appeal.
Justice Kaur had then noted that the place where the killing took place was never found, that the blood stains discovered did not match with that of the killed deer, the Chinkara carcass wasn't found, the weapon used for hunting was also not found and that even the vehicle examined did not corroborate the statement of the prosecution
How did it all begin?
Twenty years ago, actors Salman Khan, Tabu, Saif Ali Khan, Sonali Bendre and Neelam were shooting for the movie Hum Saath Saath Hain in Rajasthan, when Salman Khan allegedly shot two blackbucks in Kanakani village in Jodhpur on the night of October 2, 1998.
It was a case of alleged poaching which took place near an area inhabited by the Bishnois, a traditional community committed to protect the endangered animal and which remains vigilant against poachers in the area.
The prosecution has alleged that after hearing the gunshots, the Bishnoi villagers chased a Gypsy in which the actors fled, leaving the carcass behind. The case rests on the primary witnesses, the Bishnoi villagers.
Why was Salman Khan charged?
Salman Khan was charged in two separate cases, one for poaching and the other for offences under the Arms Act. Blackbucks are among the endangered animals listed in the Wild Life (Protection) Act 1972, and cannot be hunted. Hunting them is a criminal offence under the Act, and is punishable with a fine and/or imprisonment of up to three years.
But wasn’t Salman Khan acquitted recently?
There are four cases associated with the poaching incident. Here’s a look:
Case 1 – Bhawad Chinkara Poaching: On September 27, 1998, Salman Khan allegedly hunted a Chinkara on the border of Bhawad village in the outskirts of Jodhpur.
Status of the Case: On February 17, 2006, the Court of Chief Judicial Magistrate sentenced him to one-year rigorous imprisonment. Salman Khan had approached the Rajasthan High Court for quashing of the sentence, bypassing his chance to appeal in immediate higher court of District Judge.
Case 2 - Ghoda Farm Poaching Case: On the night of September 28, 1998, Salman Khan allegedly hunted two Chinkaras near Ghoda Farm area in Osian region of Jodhpur.
Status of the Case: On April 10, 2006, Salman Khan was sentenced to five years rigorous imprisonment. Khan approached the District Judge against the decision, but his appeal was rejected and the sentence upheld, following which the actor appealed in the High Court with Revision Petition.
On July 25, 2017, Judge Nirmaljeet Kaur discharged Salman Khan in both Ghoda Farm and Bhawad Chinkara poaching cases.
Case 3 – Arms Act Case: A .32 revolver and .22 rifle was recovered by forest officials and police allegedly from Salman Khan’s hotel room after the poaching cases were registered against him. The weapons were seized on October 15, 1998 while Salman Khan’s arm license had already expired on September 22, 1998.
Status of the Case: The court acquitted Salman Khan in January 2017. The Rajasthan government had appealed against the judgment in District Judge Court.
Case 4 – Kankani Black Buck Poaching Case: On October 2, 1998, Salman Khan allegedly hunted two blackbucks. His co-stars Tabu, Sonali Bendre, Neelam and Saif Ali Khan are co-accused in the case and face charges of incitement.
Status of Case: Trial court to deliver verdict on April 5. The total number of witnesses in the case is 52
Main Arguments Before Trial Court
The primary basis of the case will be whether the prosecution was able to prove that Khan and others killed the blackbucks. HM Saraswat, Salman Khan's lawyer has argued that there has been a “false and malicious campaign” to target the actor and that the only weapons in his possession were air rifles, which cannot kill a deer and that the eyewitness statements were botched-up. Khan's lawyer had also shown a video to the court purportedly showing how the witnesses signed on blank papers.
What did Rajasthan HC observe while acquitting Khan of all charges?
The Rajasthan HC verdict by Justice Nirmaljit Kaur raised questions on the evidence against the actor and overruled the judgement of a Sessions Court which had sentenced the actor to one and five years of imprisonment in the two cases back in 2006.
Justice Kaur noted that the place where the killing took place was never found, that the blood stains discovered did not match with that of the killed deer, the Chinkara carcass wasn't found, the weapon used for hunting was also not found and that even the vehicle examined did not corroborate the statement of the prosecution.
Has Salman Khan been in jail till now for any of these cases?
So far, Salman Khan has spent 18 days in Jodhpur Jail. He was arrested by the Forest Department on October 12, 1998 and court had imprisoned him till October 17. When the trial court had pronounced 5-year imprisonment on April 10, 2006, Khan spent six days in jail. When the Sessions Court confirmed the sentence in Ghoda Farm case, Khan remained in jail from August 26 to 31, 2007
No comments:
Post a Comment