STATE LAW UPDATES

Gujarat High Court pondered over the question of whether it would be right to summon actor Shah Rukh Khan.

A Gujarat High Court Bench comprising of Justice Nikhil S. Kariel was hearing a matter in which a criminal case was registered against the actor Shah Rukh Khan for the stampede that occurred at Vadodara Railway Station when the said actor was there to promote his movie ‘Raees’ back in 2017.

During promotions of the ‘Raees’ film back in 2017, actor Shah Rukh Khan was travelling from Mumbai to Delhi. When the train stopped at Vadodara Railway Station, a huge crowd gathered there to catch sight of the actor. Actor Shah Rukh Khan stopped at the station and waved at the crowd. He also threw certain t-shirts and balls towards the crowd. However, a stampede was caused and the Police had to lathi-charge to control the situation. Consequently, a man died and several others were injured.

A complaint was filed against the actor. The Court took cognizance of the matter and issued summons to the actor while levelling charges under sections 336 (Act endangering life or personal safety of others), 337 (Causing hurt by act endangering life or personal safety of others), and 338 (Causing grievous hurt by endangering life or personal safety of others) of the Indian Penal Code, 1860 and sections 145 (Drunkenness or nuisance), 150 (Maliciously wrecking or attempting to wreck a train), 152 (Maliciously hurting or attempting to hurt persons travelling by railway), 154 (Endangering safety of persons travelling by railway by rash or negligent act or omission), and 155(1)(a) (Entering into a compartment reserved or resisting entry into a compartment not reserved) of the Railways Act, 1989.

Subsequently, the actor reached the High Court for quashing of the FIR and the concerned proceedings and the Gujarat High Court stayed (not quashed) the proceedings.

There is no special procedure laid down in law to regulate the issuance of summons to celebrities. However, this does not mean that celebrities are exempted in entirety from being subjected to summons exemption is subject to the essence of CrPC will lose its value. Also, any practice should be tenable to be not violative of the principle that everyone is equal before the law. The applicability of Section 271 of the CrPC to issue commissions when it is needed to do away with the appearance of a celebrity.

The High Court pondered over the question of whether it would be right to summon actor Shah Rukh Khan. The Court decided it is better to put an end to the matter if the actor tenders an apology letter on the ground that it might lead to chaos if the actor will be summoned.

Image: Pininterest

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About the author

Muskan Sharma (Student Reporter, Indian Law Watch)

Muskan is a X Semester, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia student. She has good researched acumen and has contributed articles in law on different platforms- The Gender Justice & Human Rights” in Legal Eye (A book in the anthology series of JC Foundation); Blueprint of mental health crisis among migrants [Human Rights Defence International Website] ; Nirmala Sitharaman’s announcements for MSMEs on 13th May; 2020 ; Joint Venture Agreement and its Clauses; Plea Bargaining in India and USA – A Comparative Study.