Salman case: Arguments on Kamaal Khan today

Actor Salman Khan’s appeal against the five-year jail term awarded by the Mumbai Sessions Court would reach an important phase on Tuesday when the Bombay High Court hears the arguments on the defence plea to make his family friend Kamaal Khan a witness, which has been opposed by the prosecution.

Midway through the proceedings on Monday, senior defence counsel Amit Desai, who represents Khan, asked about his application filed on November 16, seeking the examination of Kamaal Khan as a witness and necessary directions from the Bombay High Court.

Post-noon, special public prosecutor Sandeep Shinde submitted his written reply on the matter. Justice A R Joshi, who is hearing the appeal of the actor, would hear the arguments of both sides on Tuesday.

While the prosecution theory is that Salman Khan, actor-singer Kamaal Khan and police constable Ravindra Patil were in the car that was driven by the actor in an inebriated condition, the defence claim is that besides these three persons, family drivers accompanied them - Altaf from Galaxy Apartments at Bandra to Rain Bar & Restaurant in Vile Parle to JW Marriott Hotel at Juhu-Tara Road from where Singh took over and was driving when the accident took place.

“We have submitted our say. As we have said in the court earlier, we have opposed it,” Shinde later told journalists. “It is not that we have not tried to get in touch with him and examine as a prosecution witness, but we could not find him....besides, the defence could also have examined him as a defence witness,” he said.

The outcome of the hearing will be important in deciding the course of the appeal. Desai, while moving the application, had stated: “Kamaal Khan’s statement was recorded under 161 of the CrPC by the Bandra police station, he was listed as a witness in the Bandra Magistrate’s Court, he was listed as a witness in the Mumbai Sessions Court, but was not examined as a witness....the first informant Ravindra Patil has said that Kamaal Khan was in the car.” According to him, Kamaal Khan not only was in the car, he was also inside the Rain Bar and Restaurant, he has been with the appellant throughout and he can throw more light.

“He is a British national...he had appeared in the Magistrate’s court...it’s there in the roznama, he had sought permission to go abroad, which was granted and he vanished...while, the matter was in Sessions Court...we (prosecution) could not locate his whereabouts,” Shinde had said.