The Supreme Court on Monday refused to intervene with the Gujarat High Court order quashing a prison criticism towards actor Shah Rukh Khan for allegedly inflicting a stampede that led to a person’s loss of life in the course of the promotion of his movie.
Dismissed by a bench of Justices Ajay Rastogi and C T Ravikumar, the plea difficult the HC order had been filed by the complainant, Madhubhai Solanki.
In January 2017, Khan and his group had been travelling from Mumbai to Delhi by August Kranti Express to advertise his movie ‘Raees’. According to Solanki’s criticism filed earlier than the Magistrate’s court docket, Khan threw smiley gentle balls, T-shirts and goggles on the crowd that had gathered at Vadodara station to see him, leading to a stampede.
The Magistrate court docket issued summons to Khan following which he approached the HC.
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In its April 2022 order, the HC stated Khan’s act of waving, throwing T-shirts and smiley balls on the Vadodara station whereas selling a film can’t be termed acts of “high degree of negligence” and “recklessness”.
“The act on part of (Khan)… may have led to some of the members of the crowd getting excited but… such acts could not be stated to be consisting of a very high degree of negligence or recklessness… Furthermore the petitioner (Khan)… being an actor was promoting his upcoming movie… none of the said act could be termed as having any element of mens rea, which is an essential element to hold negligence as being an offence.”
Relying on the inquiry report that was submitted earlier than a Vadodara magisterial court docket, the HC additionally famous that “there may be other intervening circumstances which had led to some unruly incident at the railway station”.
The court docket recorded that the practice stopped in such a means that the compartment wherein Khan was travelling was near the platform stairs, the place house was slim.
The court docket additionally noticed that to regulate the unruly sections, police had to make use of pressure. Two worldwide cricketers had additionally come to the railway station to fulfill Khan, which additional resulted within the crowd getting uncontrolled.
“It also appears that the train, after its scheduled stop, had started moving when some persons in the crowd started to move out of the platform… the train stopped all of a sudden, which led to some sections of the crowd pushing to go back towards the train, which also appears to have led to some unruly scenes,” the HC judgment famous.