- (1.) The present writ petition came to be filed by the petitioner namely, Salman Khan seeking the following relief: "(a) Declare Section 437A of Cr.P.C. as manifestly arbitrary, unreasonable, unfair unconstitutional and ultra vires on the vice of Article 14 and 21 of the Constitution of India, or to save it from unconstitutionality, to expound the scope thereof by construing the word "to appear" used therein with expansive meaning and also including "to appear through the medium of electronic video linkage/video conferencing "; (b) Permit the petitioner to appear before the Ld. Sessions Judge, Jodhpur in Appeal Nos. 18/2018 and 22/2017 filed by the Petitioner and the State, by way of video conferencing as per the convenience of the said Court, by waiving only his physical presence in Court; (c) Pass any other or further orders which this Hon'ble Court may deem fit and proper in the interest of justice."
(2.) The matter came up for admission on 04.02.2021. On that date, this Court was pleased to direct as follows: "Issue notice in relation to prayer (b). Learned counsel for the petitioner is directed to serve a copy of the petition a long with annexures upon Mr. Farzand All, learned Additional Advocate General in course of today. Matter be listed tomorrow, i.e., 05.02.2021."
(3.) Shri Farzand AN, learned AAG appearing for the State has submitted that no lawful ground exists for granting relaxation under Section 437A of the Cr.P.C. since it reposed the authority in the appellate court to ensure the appearance of an accused convict in course of the appeal.;