the blackbuck poaching case

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BLACKBUCK POACHING CASE

Vallabie. H. S



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AN “INNOCENT MAN’S” BATTLE



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POACHING

What is poaching?In very simple words, Poaching is the illegal removal of natural resources. Poaching is illegal hunting, killing or

capturing of wild animals.



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LAW USED

Indian Act

The Government enacted Wildlife (Protection)

Act 1972 with the objective of effectively

protecting the wildlife of this country and

to control poaching, smuggling and illegal

trade in wildlife and its derivatives



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BLACK BUCKThe blackbuck, which is also known as the Indian antelope, is an antelope found in India and Nepal. The blackbuck is the sole extant member of its kind. In India, It is one of the most graceful animals and used to be seen in thousands at the beginning of this century all throughout the plains of India except the Western coast. Due to extensive poaching and habitat loss, blackbuck populations have been reduced drastically.Hunting of blackbuck is prohibited under Schedule I of the Wildlife Protection Act of 1972. The blackbuck has significance in Hinduism; Indian and Nepali villagers do not harm the antelope.



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THE INNOCENT BIG SHOT WHO SUPPOSEDLY POACHED THE BLACKBUCK IN 1998



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THE CASE

Abdul Rashid Salim Salman Khan, credited as Actor Salman Khan, was accused of poaching a blackbuck in the year 1998 during the shoot of his film “Hum Saath Saath hain”.

He, along with his co actors, Saif Ali Khan, Tabu, Sonali Bendre and Neelam(as recognized by the witness) allegedly hunted down two blackbucks in Kankani village of Rajasthan on September, 1998. And were sued by the Bishnoi Committee members in Oct, 1998.



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time line OF THE CASE

September 1998: During the shoot of film 'Hum Saath Saath Hain', Salman Khan along with Saif Ali Khan, Tabu, and Sonali Bendre, allegedly hunted down two blackbucks in the Kankani village of Rajasthan.

October 2, 1998: The Bishnoi villagers register a complaint against Salman Khan and his ‘Hum Saath Saath Hain’ co-actors with regard to the killings.

October 12, 1998: Salman Khan, arrested in the connection with the poaching of endangered animals, and subsequently, granted bail

April 10, 2006: Salman Khan convicted in the hunting case by one of the trial courts under the Wildlife Protection Act. The actor is fined Rs 25,000, and, also sentenced to 5 years of imprisonment.



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August 31, 2007: The Rajasthan High Court sentences the actor to five years in prison, which was suspended a week later on his appeal. Salman Khan spent the week in the Jodhpur Central Jail. Later, the High Court dropped charges under the Arms Act against him.

July 24, 2012: A bench of the Rajasthan High Court finalises charges against all accused in the blackbuck poaching case and paves the way for a trial.




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July 9, 2014: The Supreme Court issues a notice to the actor on the Rajasthan government's plea challenging an earlier Rajasthan High Court order that had suspended his conviction.

July 25, 2016: The Rajasthan High Court acquits Bollywood actor Salman Khan in the Jodhpur blackbuck and chinkara poaching cases of 1998.




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The High Court said that there was no evidence to prove that the animals who were found dead were shot by the actor’s licensed gun.



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October 19, 2016 : The Rajasthan government files an appeal in the Supreme Court against the High Court's decision of acquitting actor Salman Khan in two cases of chinkara poaching, which happened back in 1998. November 11, 2016: The Supreme Court agrees to fast-track a plea filed by the Rajasthan government, rules to expedite hearing in the two cases of blackbuck and chinkara poaching against Khan.




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DEVILS ADVOCATE

H M Saraswat spoke to Firspost post the verdict. "The honourable High Court has rejected both jail terms of one year and five years respectively, on both the poaching cases. We have proved in court that documents submitted by the forest departments officials accusing Salman were forged. Additionally, the hair samples and weapon (knife) found in the gypsy does not match the weapon in Salman Khan's room.“

the defense counsel Mahesh Bora said that Khan has been falsely frame in these cases, based on the statements of the key witness Harish Dulani, who was the driver of the gypsy that was used allegedly in the cases.



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DEVILS ADVOCATE

Bora argued that Dulani was never available to them for cross examination and hence his statements could not be relied upon in conviction of Khan. He also argued that both of these cases have been built on circumstantial evidences and there was no eye-witness or any material evidence against Khan.



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RUMOURS AND HEARSAY WAS AN ACTION TO TAKE BLAME UPON SELF TO

SAVE THE NAWAB OF PATTAUDI. According to some of the reports, it said that it wasn’t Salman,

But Saif because accepting the crime would have been troublesome to Saif as he belongs to a royal family. If he would have accepted killing the animal, he would have not only lost his title but also his royalties. Since he is from royal family, the outcome would have been very huge which would have destroyed everything. This scared everybody on the sets of the film. Next, Salman Khan decided to take the blame on his own name to save Saif Ali Khan.

This was one of the rumors that spread through, which anyway wouldn’t have made a difference. Old saying being “the Big can get away with anything”



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NO ONE KILLED THE DEERThe key witness went missing, and the

pellets recovered from the vehicle used for hunting did not match Salman Khan’s licensed gun. So, the Jodhpur High Court acquitted him by giving him the benefit of doubt.

There is an old saying, which goes, “the victim dies, his relatives die, accused dies of old age, but the case still continues”.

CONCLUSION OF THE CASE



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WHATS JUSTICE?

IS IT FAIR AFTER ALL? Can the Big get away with anything or even be pronounced

as innocent? Black buck is a very unique and special animal which is the

sacred and an add on to the natures beauty. And such animals should be preserved and protected by laws, is it fair at all to kill these creatures for the joy of humans? And were it to be commoner unlike Salman Khan where is all the evidence gone then? The Innocent man has been acquitted previously thrice where there was open secret, kept silent by law because of his fame.

Now the question is open to all, is benefit of doubt so justifiable in this case.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



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WHATS JUSTICE?

Not just the blackbuck, there are several animals shouting within, saying that they need to survive, and should the law protect the humans who only preach and propagate being human. And is this justice to let the big men scot free into glamour.

Please think.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


WHATS JUSTICE?



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]




Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


DISCLAIMER

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the blackbuck poaching case

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