“You may have good case for suspension of sentence but not for conviction,” the bench comprising by Justice S J Mukhopadhaya and P C Pant observed.
“Let equal law apply to everyone. There should be no discrimination vis-a-vis convicts,” the bench further said.
It clarified that conviction stayed means that the hearing involves re-appreciation of the evidence.
The remarks were made during the hearing of the petition filed by Rajasthan government challenging the stay granted by the High Court on his conviction in the case.
The bench posted the matter for final hearing on October 28.
The observations assumes importance as the “Dabangg” star in his affidavit filed on August 27 has told the apex court that he has always been treated as an ordinary citizen by courts and never been given any special privilege.
He has sought to justify the Rajasthan High Court order staying his conviction in the black buck hunting case and dismissal of appeal filed by state government against the decision.
Khan has submitted that he has been one of the highest tax payers and the high court stayed his conviction to enable him to go abroad for his professional engagement which brings in foreign exchange in the country.
The 48-year-old actor had opposed the stand taken by Rajasthan government which had submitted that the high court had granted special privileges to him by staying his conviction in which he was sentenced by a trial court to undergo five-year jail term.
On July 9, the apex court had issued notice to Khan on a plea by Rajasthan government challenging the high court decision.
The state government had approached the apex court against the Rajasthan High Court order of November 12 last year, staying his 2006 conviction in the case and paving way for him to apply for a British visa.