New Delhi: In a setback to filmstar Salman Khan, the Supreme Court set aside the Rajasthan High Court order putting on hold his conviction in the blackbuck hunting case, and asked the high court to consider the matter afresh.
The high court on November 12, 2013 had suspended the conviction of Salman Khan in the blackbuck hunting case on the filmstar’s plea that it was coming in the way of the UK Border Agency issuing him visa to travel to Britain for a film shoot.
Salman Khan was convicted in the blackbuck hunting case April 10, 2006.
Britain’s immigration rules say “entry clearance to the UK is to be refused if an applicant has been convicted of an offence for which he has been sentenced to a period of imprisonment of at least 4 years”.
The apex court bench sent the matter back to the high court for fresh consideration. “It would be open to the respondent (Salman Khan) to show that if the order of conviction is not stayed it will cause irreversible consequences/injustice to him which cannot be undone if he ultimately succeeds,” the apex court said. “It would be open to the state (of Rajasthan) to oppose such prayer on the ground that non-suspension of conviction will not cause any irreversible consequences or injustice to the respondent and the same can be undone if he (Salman Khan) ultimately succeeds.”
The apex court verdict came on a plea by the Rajasthan government challenging the high court order.
Pronouncing the verdict, the court said: “If some foreign country is not granting permission to visit the said country on the ground that the respondent (Salman Khan) has been convicted of an offence and has been sentenced for five years of imprisonment under the Indian law, the said order cannot be a ground to stay the order of conviction.”
“If an order of conviction in any manner is causing irreversible consequences or injustice to the respondent (Salman Khan), it was open to the court to consider the same. If the court comes to a definite conclusion that the irreversible consequences/injustice would cause to the accused which could not be restored, it was well within the domain of the court to stay the conviction.”
The apex court also noted that the high court while passing its order did not give any finding that “if the conviction is not stayed, irreparable harm/irreversible consequences or injustice would be caused to the respondent (Salman Khan)”.
IANS
