2002 hit-and-run case: Victim's family moves SC against Salman's acquittal
The victim's family also sought that they be suitably compensated for the loss of sole breadwinner in the family.
New Delhi: Family members of 2002 hit-and-run victim Shaikh Noorulla Shafik, Wednesday, moved the Supreme Court challenging the acquittal of actor Salman Khan, calling it a miscarriage of justice.
In a special leave petition filed through counsel Vipin Nair, Noorulla Shafik's widow Begumjaha Haroon Khan and son also sought that they be suitably compensated for the loss of the sole breadwinner in the family.
Read: Salman’s acquittal in hit-and-run case miscarriage of justice, Maharashtra tells SC
They said Shaikh Noorulla Shafik, who was killed on the spot in an accident that occurred on September 28, 2002, in a vehicle driven by the actor Salman Khan. They have lost their eldest family member in the said accident and therefore have a vital stake in ensuring that they get justice. This Court has time and again recognized the legal principle that the victims of a crime are an integral part of the justice delivery system and that they are not forgotten and left high and dry.
The petitioners are living in utter poverty in a slum having a space of around 10x10 sq. feet. They have suffered immensely ever since the death of their eldest family member in the year 2002. Despite the law laid down by this Court and the statutory recognition provided under Sections 357 and 357 A of the Cr.P.C, no compensation has ever been paid.
The apex court had clearly held in a number cases that in every criminal case it is the mandate and duty of the court to ensure that the victims are compensated/rehabilitated, on its own motion, even without there being an application by the victim.
The first petitioner widow is working in odd jobs on a daily basis as a domestic help. The 2nd petitioner is also doing menial labour job at construction sites. They have no permanent source of employment and both of them are uneducated and illiterate.
They are somehow carrying on with their lives with the help of good Samaritans and an NGO by name “Priya Janahit Sewa Foundation”. Contending that the Bombay High Court made a serious error in reversing the well reasoned judgment of the trial court in awarding five year imprisonment to Salman Khan, they said they are filing the present Special Leave Petition to ensure that justice is meted out to them.