Dinesh Kamath's Editorial 'Law is above everybody' that was published in Newsband

Law is above everybody

The verdict has been given in the Salman Khan blackbuck case. Sentence of five years in jail has been awarded to actor Salman Khan for hunting blackbuck in Rajasthan.  Stars like Khan, who is no stranger to controversy surrounding hunting expeditions, seem to think conservation is not serious business, That era is over. Will the verdict of the Jodhpur court survive the appeals process.

The Wildlife (Protection) Act, the landmark law from 1972 shields the diversity of India’s endangered animals. Besides restraining ‘VIP’ poachers, forest guards must combat organised hunting gangs that employ traps and snares for a thriving trade in animals, body parts and trophies. The verdict in the Salman Khan case sends out the message that hunting of protected species is certain to invite severe penalties. Blood sports are grotesquely incongruous in the present day when environmental concerns rule supreme. This is a good verdict. No one is above law however high he or she may be.

The Wildlife Protection Act owes its existence to the perseverance of men who themselves were avid shikars in the days of the Raj. They greatly enjoyed the game till the time they realised the serious consequences of hunting wild life. It is then they took up cudgels against hunting. Salim Ali himself as a young boy shot a bird and then took it to Natural History Society, Bombay out of curiosity. Rest is history.

What will happen to Salman Khan in appeal? There are loopholes in every case and procedural law being what it is Salman may get away. But this conviction will remind all that animal protection is a serious business and the onus is on every single individual.

Television channels are focusing on his fans, but undermining the concern of the Bishnoi community, which respects animals and has stood for the cause of speech-less creatures and had faith in the judiciary over many years. His acquittal in the hit-and-run case was not welcomed by people, who may have also viewed his appointment as Goodwill Ambassador for Rio Olympics as ‘political’ or triggered by his fan following. But now, being sent to jail for five years, for killing a black buck 20 years ago is not palatable even to his critics.

The punishment has been meted was in accordance with the law. Law breakers will not escape punishment is what we learn from the Judgment pronounced. But it is beyond doubt that our justice delivery system is more time consuming and this case has travelled over 20 years to arrive at this conclusion. Justice delayed amounts to justice denied. So our justice delivery system should be time bound.

The punishment awarded to Mr Khan is befitting of the crime. Additionally, it also prompts the question about the application of law to the many unknown but possibly professional poachers of wildlife. Awarding punishment to Salman Khan for five years imprisonment may be as deterrent to others for killing wildlife animals. Further, nobody is above the rule of law.

Had it been an unknown person how many years jail would have been awarded? In fact, 'unknown persons' always have suffered the worst punishment. For example, how many such 'unknown persons' would have been allowed to drag the case for nineteen long years? How many 'unknown persons' would have had their bail appeal heard the very next day of the judgement?

The court makes the important observation that personalities who are capable of influencing the behaviour of others must naturally be conscious of what they do. The case will go all the way up to the Supreme Court and there is every likelihood that the rich and famous Salman Khan would be exonerated on some flimsy ground or the other as it has happened in the other four cases involving the same person.

'Stars' like Khan are supposed to lead by examples and not behave the way he has in the past. His past conduct is enough to get a clear picture of the kind of person he was and as for present, we all know the huge PR teams working on the so image of the famous film personalities. Those who cannot defend for themselves financially in the judicial probes that drag on for decades sometimes, are the only ones to suffer in reality.

Stardom, or any other form of social importance, does not confer impunity for any offence. The verdict has reiterated that no one is above law. Salman is a commercial product helping producers to make money. Film Stars should remember that people consider them as role models and hence they should be careful about their behaviour in the public forum. People should shun criminals but it is surprising they get elected to the legislatures and Parliament with massive majority.