Kamaal Khan, Salman's friend, was riding in the latter's Toyota Land Cruiser when it rammed into a bakery in suburban Bandra on September 28, 2002, killing one person and injuring four others who were sleeping outside.
Advocate Abha Singh, who represents Santosh Daundkar, an activist who has filed an application seeking action against the police for alleged perjury (presenting false evidence), made the demand in her 25-page written argument.
As Patil died during the trial, the only eye-witness left was Kamaal Khan and he should have been called to testify as to who was driving the car, she said.
Salman's case is that it was his family driver Ashok Singh who was driving the SUV.
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Advocate Singh also cited a Supreme Court judgement which says that 'a star witness' cannot be dropped. "A judge can call a witness at any stage of the trial if he is crucial," she submitted.
Salman had, in his statement before the court last month, said his driver Ashok Singh was behind the wheel. The next day Singh himself appeared -- for the first time since the trial began -- as a defence witness and told the court that he was driving the car and not the actor.