[Blackbuck Poaching Case] Rajasthan High Court allows Salman Khan transfer petition despite opposition by Tabu

The Rajasthan High Court on Monday allowed a transfer petition filed by Bollywood actor Salman Khan, and agreed to hear all appeals filed against the Magistrate verdict in relation to the 1998 blackbuck poaching case together [Salman Khan v State of Rajasthan]..Khan, the complainant and the State had all separately challenged the Magistrate verdict. Khan, who was convicted, had moved the Sessions Judge, Jodhpur. The complainant had also moved the Sessions Judge against acquittal of other accused including actress Tabu. The State had filed a Criminal Leave to Appeal before the High Court. All these appeals would now be heard by the High Court. .- Salman Khan moved the High Court seeking a transfer, allowing three appeals arising from the trial court's judgment in the blackbuck poaching case to be heard together;- Actress Tabu, one of the respondents, opposed the plea raising a concern that it would prejudice the case of the 5 acquitted;- The High Court, however, found that it would be unfair for all the concerned parties to have different opinions from various courts;- The transfer petition was, thus, allowed;- Justice Bhati assured that the the acquitted persons would not be prejudiced..Justice Dr Pushpendra Singh Bhati will now hear Salman Khan’s appeal against the conviction under the Wildlife Protection Act sentencing him to simple imprisonment for 5 years as well as the complainant’s and the State’s appeal against the acquittal of the other accused..In 1998, multiple first information reports (FIRs) were filed against Salman Khan, Saif Ali Khan, Neelam Kothari, Tabu, Sonali Bendre and Dushyant Singh in connection with an incident of deer hunting..In April 2018, the Jodhpur Chief Judicial Magistrate convicted Salman Khan and acquitted all other accused. The three offshoots of the litigation by Khan, the complainant and the State arose from that judgment..Jodhpur court convicts Salman Khan in Blackbuck Poaching case.The actor moved the High Court seeking invocation of powers under Section 407 of the Criminal Procedure Code to transfer the pending litigation so as to enable common and effective adjudication..The petitioner submitted that the facts of the case were intertwined for all the accused and a challenge before different fora could cause serious prejudice to the case of the parties..Counsel for actress Tabu, however, opposed the plea reasoning that it would cause prejudice to her. It was stated that the appeal would certainly have an impact on her case since it would give strength to the criminal leave to appeal filed by the State.“If a regular criminal appeal is connected with a criminal leave to appeal, the criminal leave to appeal shall gain unwarranted credence,” it was submitted. It was also contended that Section 402 of the CrPC pertained to revision cases and legislature’s focus was on the right of convicted persons..The High Court, however, concluded that though the provision only referred to revisional jurisdiction, but the same analogy must be applied to criminal appeals.“Thus, in adherence to the precedent law, as laid down by this Hon’ble Court and as already analyzed above, this Court is of the firm opinion that any offshoot litigation arising out of a single and common judgment, which may incongruously impact the respective parties, is bound to prejudice some of them, if different forums are adjudicating the same,” the single-judge recorded..Therefore, the Court concluded that it would be unfair for all the concerned parties to have different, and possibly divergent opinions from various courts.With this, the transfer petition was allowed..The single-judge made it amply clear that the acquitted persons would not be prejudiced and will stand protected as laid down by the Supreme Court in Ramesh v State of Haryana..A team from DSK Legal comprising Managing Partner Anand Desai, Partners Chandrima Mitra and Parag Khandhar along with advocate Hastimal Saraswat represented Salman Khan.Government Advocate and Additional Attorney General Anil Joshi, Senior Advocate Manish Shishodia with advocates Gaurav Singh, Jaideep Singh Saluja and Kishore Kumar Vyas represented the respondents..[Read Judgment]