A foreign country's denial of visa no ground for staying conviction, observes apex court
The Supreme Court on Wednesday held that a foreign country's denial of entry visa to a person, who is convicted under the Indian law, cannot be a ground for stay of his conviction and set aside Rajasthan High Court's order which suspended Bollywood actor Salman Khan's conviction in the blackbucks killing case so that he could travel to UK.
The court, however, said that the High Court is open to consider Khan's plea afresh if he satisfies the court that "the conviction is causing irreversible consequence or injustice to him."
In November 2013, the High Court had allowed Khan's plea for suspension of his conviction after the UK authorities rejected his entry visa on grounds that he has been convicted in a case here for five years. Khan was to travel UK for shooting of the film 'Kick'.
Allowing the Rajasthan government's appeal against High Court's order, a bench headed by Justice Sudhansu Jyoti Mukhopadhyaya said, "If some foreign country is not granting permission to visit the said country on the ground that the respondent (Khan) has been convicted of an offence and has been sentenced for five years of imprisonment under the Indian Law, the said order cannot be a ground to stay the order of conviction.
Filing an affidavit before the Supreme Court, Khan had argued in favour of the stay on his conviction claiming that he is one of the highest tax payers in the country and it is his fundamental right to practice his occupation, which involves wide travelling all over the world for shooting.
Following a complaint against Khan and actors Saif Ali Khan, Neelam, Tabu and Sonali Bendre on charges of being involved in killing of protected blackbucks near Jodhpur in October 1998 during the shooting of the film 'Hum Saath Saath Hain', Khan had been convicted and sentenced to five-year jail by a Jodhpur magistrate court in 2006 and the same was upheld by the sessions court in 2007.
On August 31, 2007 while hearing his appeal, the High Court had suspended his sentence but imposed a condition that the accused will not leave the country without prior permission of the court.
What it implies
The implication of the apex court's order will be that till the time High Court decides his plea afresh, Salman Khan cannot travel to UK.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}