Bombay High Court stays proceedings against Salman Khan in lower court

Aug 26, 2013

Tags:

Mumbai: In a relief to actor Salman Khan, the Bombay High Court stayed proceedings against him in a magistrate's court on a private complaint seeking contempt action against him for posting court orders in cases against him on his website.
Salman's lawyer Ravi Kadam pleaded that the 2002 hit-and-run case involving the actor had been committed to sessions court for trial and hence the magistrate had no jurisdiction to issue notice to him on the contempt complaint filed against him by activist Hemant Patil.
Justice M L Tahilyani stayed the notice as well as proceedings against Salman until further orders.
The judge also allowed Patil three weeks' time to file a reply to Salman's petition which prayed for quashing the proceedings in a magistrate's court in suburban Bandra.
Judge Tahilyani observed, "Such a notice issued (to Salman) by the magistrate is highly questionable when the case has been committed to Sessions Court".
Salman pleaded in his petition that he had created the website only to ensure that there was no incorrect reporting by the media.
The Bandra magistrate had issued notice to the actor on July 10 while hearing a complaint filed by Patil alleging contempt of court action against Salman for allegedly posting court proceedings on his website.
The complaint alleged that Salman was embroiled in legal cases including the 2002 hit-and-run case and said that by posting court matters on the website, the actor had committed contempt of court as the matters were subjudice.
Salman, however, pleaded that he had created a website only to ensure that there was no incorrect reporting by the media and that the website gave factual information about his cases and nothing beyond that. He further said that no contempt had been committed by him.
The actor pleaded that the complaint and the summons issued to him may be quashed and set aside. He said the magistrate had not applied his mind on the complaint filed against him as he did not arrive at a prima facie conclusion that a case of contempt of court had been made out.

Post new comment

<form action="/comment/reply/252604" accept-charset="UTF-8" method="post" id="comment-form"> <div><div class="form-item" id="edit-name-wrapper"> <label for="edit-name">Your name: <span class="form-required" title="This field is required.">*</span></label> <input type="text" maxlength="60" name="name" id="edit-name" size="30" value="Reader" class="form-text required" /> </div> <div class="form-item" id="edit-mail-wrapper"> <label for="edit-mail">E-Mail Address: <span class="form-required" title="This field is required.">*</span></label> <input type="text" maxlength="64" name="mail" id="edit-mail" size="30" value="" class="form-text required" /> <div class="description">The content of this field is kept private and will not be shown publicly.</div> </div> <div class="form-item" id="edit-comment-wrapper"> <label for="edit-comment">Comment: <span class="form-required" title="This field is required.">*</span></label> <textarea cols="60" rows="15" name="comment" id="edit-comment" class="form-textarea resizable required"></textarea> </div> <fieldset class=" collapsible collapsed"><legend>Input format</legend><div class="form-item" id="edit-format-1-wrapper"> <label class="option" for="edit-format-1"><input type="radio" id="edit-format-1" name="format" value="1" class="form-radio" /> Filtered HTML</label> <div class="description"><ul class="tips"><li>Web page addresses and e-mail addresses turn into links automatically.</li><li>Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd></li><li>Lines and paragraphs break automatically.</li></ul></div> </div> <div class="form-item" id="edit-format-2-wrapper"> <label class="option" for="edit-format-2"><input type="radio" id="edit-format-2" name="format" value="2" checked="checked" class="form-radio" /> Full HTML</label> <div class="description"><ul class="tips"><li>Web page addresses and e-mail addresses turn into links automatically.</li><li>Lines and paragraphs break automatically.</li></ul></div> </div> </fieldset> <input type="hidden" name="form_build_id" id="form-5ef2b0c59e337b89231b23e4826a84b1" value="form-5ef2b0c59e337b89231b23e4826a84b1" /> <input type="hidden" name="form_id" id="edit-comment-form" value="comment_form" /> <fieldset class="captcha"><legend>CAPTCHA</legend><div class="description">This question is for testing whether you are a human visitor and to prevent automated spam submissions.</div><input type="hidden" name="captcha_sid" id="edit-captcha-sid" value="86277489" /> <input type="hidden" name="captcha_response" id="edit-captcha-response" value="NLPCaptcha" /> <div class="form-item"> <div id="nlpcaptcha_ajax_api_container"><script type="text/javascript"> var NLPOptions = {key:'c4823cf77a2526b0fba265e2af75c1b5'};</script><script type="text/javascript" src="http://call.nlpcaptcha.in/js/captcha.js" ></script></div> </div> </fieldset> <span class="btn-left"><span class="btn-right"><input type="submit" name="op" id="edit-submit" value="Save" class="form-submit" /></span></span> </div></form>