Government pleader S S Shinde filed a written reply opposing Salman's application. Justice A R Joshi would hear both the sides on the issue tomorrow.
The prosecution's story is that Salman, Kamaal Khan and police constable Ravindra Patil (Salman's bodyguard) were in the car on the night of September 28, 2002.
Salman's lawyer Amit Desai, however, claimed that Salman's family drivers also accompanied them. Altaf was in the vehicle from Galaxy Apartments (Salman's residence) to the JW Marriott Hotel. At the hotel, another driver, Ashok Singh, took over and Singh was driving when the car had rammed into a bakery, killing one person and injuring four.
The court's ruling on whether Kamaal Khan should be examined at this stage would be important in deciding the course of the appeal, Shinde said.
Desai had argued that Kamaal Khan was with Salman for the entire evening and he can throw light on the incident better than anyone else but the prosecution never examined him.