Society

You Khan't Do That

Public uproar apart, Salman could still drive away free

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You Khan't Do That
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If the Mumbai police had its way, Salman Khan would be downing Bacardi and Coke at his favourite haunt in Juhu today. Totally unfazed by what transpired in the early hours of September 28. But the public outcry after the actor, in a drunken state, mowed down a labourer and injured four others has made the police and the state government sit up. An inebriated Salman spinning out of control in his Toyota Land Cruiser, killing an innocent and then being released on a paltry Rs 950 bail has become symbolic of how the rich and famous get away scot-free in this city. With each passing day, public mood has hardened as news of the out-of-work actor's other indiscretions continue to make headlines.

It's very easy to hate Salman. Even within the industry, the 37-year-old compulsive chest-barer isn't too popular. Former girlfriend Somy Ali had to suffer the indignity of having a drink poured over her head at a restaurant. His most recent ex, actress Aishwarya Rai, has even gone public about his abusive behaviour saying, "There have been occasions when Salman got physical with me, luckily without leaving any marks." In the past, Salman has even tried to barge into her apartment, rammed into her car on a film set and abused her co-stars. Those at the receiving end of his brand of humiliation find him obnoxious and sadistic. Says Indu Mirani, associate editor at Box Office, "He seems to enjoy making people feel small. Especially those who can't fight back. He would keep staring in my direction and make obscene gestures on the sets."

With such a reputation, it isn't surprising that many want Salman brought to book. The news that the police suspects the actor of not have a driving licence has only helped the case. The cry for justice has been overwhelming. So too the demand that police laxity in the case be probed. "The laxity of the police in this case is nothing short of complicity with the accused. They have been partisan," fumes human rights activist P.A. Sebastian of the Committee for the Protection of Democratic Rights. The inexplicable delay in arresting Salman and the decision to book him under a bailable law, no doubt, worked in his favour. Within hours of his arrest, Salman was a free man again.

But the story doesn't end there. As public pressure mounted, deputy chief minister Chhagan Bhujbal, who holds the home portfolio, declared he was "not satisfied" with the way the case was handled and ordered an inquiry. The police, in fact, had a lot of explaining to do. After the actor fled the accident site, they were unable to trace him for eight hours. Even after his arrest, the alcohol test was done nearly 13 hours after the accident. Incidentally, even the time lapse did not help to bring down alcohol levels to within permissible limits.

Now, responding to the public hue and cry, a section of the police wants to extern the actor from Mumbai for two years for his repeated misconduct. Three cases against him have already been filed by actress Aishwarya Rai's father Krishnaraj. But despite repeated warnings, Salman has not mended his ways. This has led some officers to believe the errant actor should be banished from the city for a year or two.

Surprisingly, the accident could have been avoided only if Salman had heeded the advice of his police bodyguard Ravindra Patil that he shouldn't drive. But the actor, after an evening of carousing, took to the wheel, swerved to avoid an electric pole and drove into the five labourers sleeping outside a laundry in Mumbai's Bandra suburb. With him in the car at the time of the accident, at 2.45 am, was also his cousin Kamaal Khan.

The actor's conduct after the accident was also far short of "heroic". As an angry mob gathered, Salman fled. It was his police guard Patil who informed the police about the accident, after which the victims were rushed to the hospital. When the actor finally gave a statement to the police, he denied he had been drinking. And then his lawyer tried to shift the blame on to the police bodyguard by insisting that he was driving. There are also allegations that the Khan family tried to bribe one of the eyewitnesses. The fact is that several people did see Salman driving the car. Patil later went on record saying he did not know how to drive.

There is no doubt that the police were lenient with the actor, choosing to charge him with "rash and negligent driving causing death", which allows for a maximum punishment of just two years. "Instead, the police should have explored the possibility of applying Section 304 of the Indian Penal Code. This section refers to culpable homicide not amounting to murder. It is a non-bailable offence and allows for a 10-year prison term," says lawyer P.R. Vakil. Other criminal lawyers like Srikant Bhat say that even now police laxity can be amended to build a strong prosecution case.

Even so, the sad truth is that victims of high-profile motor accident cases have rarely secured justice. In 1993, Puru Raj Kumar, son of film star Raaj Kumar, ran over five people sleeping on a road in Worli, killing three and maiming one for life. He was let off with a small fine. So given the track record, Salman Khan too can probably hope to get away with just a rap on the knuckles.

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