HC dismisses Salman’s plea to summon Kamaal

Salman Khan had on November 16 filed the application before Justice A R Joshi who is hearing the actor’s appeal against the conviction and sentence handed over to him by a sessions court in connection with the case. 

Under section 391 of Criminal Procedure Code, the high court can summon a witness while hearing an appeal “if it thinks additional evidence to be necessary”. Justice Joshi, on Monday, however, refused to summon Kamaal and said “recourse to section 391 is taken only in special cases where circumstances specially warrant it. There is nothing in the present case to entertain the application filed by the appellant (Salman) and summon Kamaal Khan.” “There is nothing to show that but for the substantial evidence of Kamaal Khan no decision can be taken in the appeal. If there is no dire need for the examination of Kamaal Khan, then in the considered view of this court recourse to section 391 is not the ultimate requirement,” he said.