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Freedom at mid-day, writes Nina Pillai

The lynch mob mentality of people who seemed to bear a grudge and predicted his going to jail with such conviction, made me shudder.

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On Friday, Salman Khan's bail was extended after a conviction for culpable homicide not amounting to murder and a five-year sentence was suspended. I felt elated, justice had prevailed. Twenty years ago, my late husband, Rajan was not as lucky.

In Rajan's case, despite getting bail from the magistrate in Kerala, in just over a week the High Court suo moto —without precedent in the history of jurisprudence — cancelled his bail.

At the same time, the larger conspiracy to murder him — which the Supreme Court a few years later acknowledged while ordering an investigation — wasn't apparent.

Salman has the blessings of many, many fans and the blessings of the lakhs of families he has helped through his Being Human Foundation. He has singlehandedly helped lakhs of young children undergo heart and brain surgeries for free, paying from his own pocket through his Foundation. I laud his effort, which has inspired millions of his fans to try and emulate his benevolence in some small way by just helping others. All the staff at my home — Suresh , Sudhir , and Kishen — have pooled money and helped a fisherwoman's son with an urgent surgery, sent money to the Nepal victims all with the inspiration of their 'Bhaijaan'. The sway that he holds over the public is what makes Salman a hero among heroes.

The lynch mob mentality of people who seemed to bear a grudge and predicted his going to jail with such conviction, made me shudder. I had the unfortunate experience of seeing my late husband incarcerated while fighting for his case to be reviewed in his home country, challenging the proceeding of a foreign court where the complainant was never cross-examined, therefore not completing the process of law. Yet, despite being a prominent industrialist, he was incarcerated and murdered in the three days he was in jail.

Salman's case has taken so many twists and turns. Despite my now considerable knowledge of the law, I was shocked that what was an accident, rash and negligent driving at the most, was twisted into a case of culpable homicide not amounting to murder, a charge the prosecution in my opinion, has failed to prove beyond reasonable doubt.

I take this stand because the only living witness Kamal Khan was not called as a prosecution witness despite being on their list, thus preventing the defence from making him their witness. The only other witness has now passed away, therefore his testimony cannot be subjected to cross-examination.
Just as his celebrity status was blamed for the harshness of his sentence as being exemplary, his availing his right to bail till all facts of the case get well-established, allows him his freedom and lets law take its course.

The justice system, in my opinion, needs a rehaul, more judges need to be appointed around the country, their courts have to be pristine and air-conditioned, they must get a salary beyond what is being given now and delays must just not be condoned. Again the state of all the jails in our country are in such a pathetic state. Overcrowding and pathetic toilets, making them cesspools of disease and death. Being incarcerated is indeed torture, besides the fact that third degree is a given in all prisons. My late husband was harrowingly beaten till he bled to death, a fact that came out during the Commission Of Inquiry. The prisons in the country need to be pulled down and rebuilt to international standards but there is no political will to do it . These are but small gestures, it is the system that has to change.

Salman's case will go on, but I certainly hope it's not as blind as it was in my case.

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