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Salman Khan remanded to three-day police custody

Syed Firdaus Ashraf in Mumbai

A local Mumbai court on Monday remanded film actor Salman Khan to a three-day police custody in the hit-and-run case of September 28 in which one person was killed and four injured.

Metropolitan magistrate of the Bandra court, S Y Shisode, said the court would hear Khan's bail application on October 10, Thursday.

Khan, dressed in sky blue denim trousers and black T-shirt, was produced in the court after the Mumbai police had arrested him on Monday afternoon. After the court remanded the actor to police custody, the cops took him to the Bhabha hospital for a mandatory medical check-up.

The prosecution, meanwhile, has decided to press charges against the actor under section 304 of the Indian Penal Code for culpable homicide not amounting to murder.

Public Prosecutor Varsha Doshi said, "The police has added section 304 part (II) to Salman's case."

Khan is currently booked under section 304A of the IPC, which specifies the punishment for someone who causes the death of another person by a rash or negligent act. The police cannot give a person booked under this section bail, and the punishment can vary from 10 years in prison to life imprisonment. A court, however, can give bail to a person charged under this section.

During the hearing, Zameer Khan, lawyer for Salman Khan, told Judge Shisode that his client was cooperating with the police "Hence, I feel there is no need to remand my client to police custody," he argued.

But Judge Shisode refused Khan's plea.

Bunty Walia, Salman's friend told rediff.com that the actor was 'feeling traumatised and feeling very low'. But people are not letting him forget the incident and the whole world is after him, he said.

"Who was responsible for the Rajdhani accident in Bihar? Does anyone bother about Abu Salem's arrest? Why is everybody after Salman?" commented another friend of the actor.

The only film personalities who came to see Salman in the court were film director Satish Kaushik and Kishen Kumar, brother of late Gulshan Kumar.

Deputy Commissioner of Police Vipin Kumar Singh told rediff.com that Khan spent two hours in a police lock-up where he was questioned and his statements recorded.

Earlier, the Bombay high court directed Khan to pay Rs one million to the family of the deceased Nuru Behra, Rs 300,000 to the seriously injured and Rs 150,000 to those not seriously hurt in the accident.

Justices A P Shah and Ranjana Desai gave the judgment after a Public Interest Litigation was filed against the actor by three petitioners, including Nikhil Wagle, editor of the local newspaper, Mahanagar.

Abad Ponda, Salman's lawyer agreeing to pay the amount, told the court that his client was paying the compensation 'without prejudice'.

Salman was told to be present in the court, but did not turn up for the hearing.

"I am happy that the court has proved that the law is same for rich as well as poor," said Wagle soon after the judgment. "We had asked for compensation of Rs 500,000, but the judges doubled the amount and I am happy with the decision."

The petitioners wanted Salman should to be booked under section 279 of the IPC [rash and negligent driving so as to endanger human life], section 337 [causing hurt by act endangering life for personal safety of others], section 304 [culpable homicide not amounting to murder], section 134 (A) and (B) of the Motor Vehicles Act [failing to give information to the police and provide medical aid to the injured].

Earlier during the debate, Goolam Vahanavati, Advocate General of the Maharashtra government and appearing for Mumbai Police Commissioner M N Singh, said, "The state government was considering to book Salman Khan under section 304 on counts of not possessing a driving license and being drunk when the accident happened."

ALSO SEE:
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'Salman is a rich man, he can get away'
No driving licence? No big deal: Lawyers
Salman Khan did not own the vehicle: Police
Salman asked to surrender passport
Salman Khan: Controversy's Child

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