A division bench headed by Justice AM Khanwilkar was hearing a PIL seeking enhancement of punishment awarded under section 304 A of IPC for causing death by rash and negligent driving and increase in compensation awarded under the provisions of the Motor Vehicle Act.
Journalist Nikhil Wagle had filed the PIL soon after the accident on September 29, 2002, when the actor, allegedly in an inebriated condition, drove his Toyota Land Cruiser over five persons sleeping on a pavement in Bandra.
The actor was arrested the next day and booked under sections 337 and 338 for causing hurt by act endangering life or personal safety of others of IPC besides section 304 A. He was released on bail of Rs 950 immediately at the Bandra police station as all the sections were bailable.
Trial against him is pending before a magistrate's court. Wagle had sought for the section 304 A to be made non-bailable and enhancement of the punishment prescribed under the section from two years to 10 years in jail.
The high court had on October 7, 2002, while hearing the PIL directed Salman to deposit Rs 17 lakh as an interim compensation for the four injured victims and family of the deceased victim. The court had also directed the Union and state government to file their affidavits.
Wagle's lawyer Subhada Khot today informed the court that neither has the compensation amount been disbursed to the victims nor the government has filed their affidavits.
The court then issued notice to the additional solicitor general to appear in the matter and directed the union and state to file their affidavits on October 8.