AN INTERSTING CASE OF BOLLYWOOD STAR SANJAY DUTT

 AN CURIOUS CASE OF BOLLYWOOD STAR SANJAY DUTT

I have been in receipt of many tweets and emails criticising me for advocating that the case of Sanjay Dutt, who has been convicted under the Arms Act for having been found in illegal possession of two fire-arms and sentenced to five years of imprisonment, should be treated differently and any petition from him for a lenient view of his guilt should be considered sympathetically.
In my first tweet after his conviction by a bench of the Supreme Court, I had said that, as in the US, there is a need for a provision in our laws under which a court can allow a convicted criminal in certain cases to do compulsory community service in lieu of imprisonment to cover cases like that of Sanjay.
Subsequently, I had tweeted my agreement with the view of retired Justice Katju, chairman of the Press Council of India , that Sanjay’s case deserves pardon in view of the good service to the community that he and his parents had done in the past. However, I had differed from Katju in respect of the community service.

  
I am of the view that Sanjay could be considered for pardon  not for his good service of the past, but for the community service that he promises to do in future in lieu of the imprisonment.
His performance has to be closely monitored by someone designated by the governor to ensure that he carries out his solemn commitment. If he violates his commitment, his pardon should be cancelled.
My views have been strongly criticised on the following grounds .Firstly, he has committed a heinous offence by accepting a gift of arms from a person allegedly connected with Mumbai  mafia.
Secondly, if any special consideration is shown to him by virtue of his celebrity status, it would be a violation of the sacred principle of equality before law.
Thirdly, there are many others who are languishing in jail despite their good service to the community. When the law has not shown them any special consideration, why should it show a special consideration only to Sanjay.
Sanjay is a confirmed convict under the Arms Act against whom a minimum sentence of five years as provided in the Arms Act has been awarded by the Supreme Court.
Taking into consideration the 18 months that Sanjay had already spent in jail during the trial, the court has ordered that he should spend another three-and-a half years.
I  argue for a lenient view in his case on the following grounds

• Even though Sanjay has been found guilty of illegal possession of arms, no evidence has been forthcoming to show that he was aware that these arms were part of a consignment that had been smuggled in from Pakistan for use in the Mumbai serial blasts of March 1993.

 If he was aware of this fact, as a law-abiding citizen, he should have immediately alerted the police and his failure to do so would have amounted to complicity in an act of terrorism. Since there is no evidence to show that he was aware of this fact, he cannot be accused of complicity in an act of terrorism.

•  No other evidence has been forthcoming to show that he was part of the conspiracy relating to the Mumbai blasts. He has not been found guilty of an act of terrorism.
• Despite the absence of any evidence to show his involvement, he was treated as a suspect under the TADA along with the members of the conspiracy. As a result, he was not tried separately under the Arms Act, but along with the conspirators and perpetrators of the Mumbai blasts.

The trial went on for 20 years. Had he been tried separately under the Arms Act and not with others, his case might have concluded a long time ago and by now he might have completed his sentence.

•  His case being clubbed along with the cases against others has resulted in his having to wait for 20 years for the final judgment and he has to go to jail now after this long delay, spending another three and a half years in custody. This is unfair to him and is contrary to the principles of natural justice.

 Taking into consideration the facts and circumstances relating to the conviction of Sanjay I had suggested that he should be treated differently and a sympathetic view should be taken if he petitions for pardon.
 It will not be a violation of the principle of equality before law. My views have nothing to do with his celebrity status or his family and social connections.
 If there are others with similar facts and circumstances, their cases have to be examined in the light of those facts and circumstances without any prejudice.
 In my view, Sanjay had to suffer unfairly because of his case being clubbed along with the cases of the conspirators and perpetrators of the blasts in the absence of credible evidence to warrant it.
 I will be happy to stand corrected if I have failed to consider any other relevant fact relating to him.

The Supreme Court on Thursday sentenced Bollywood star Sanjay Dutt to five years in jail for getting guns from gangsters involved in the 1993 bombings in Mumbai.

  SANJAY DUTT IS BEING SENTENCED BY COURT 5 YEARS IMPRISONMENT

NEW DELHI: The Supreme Court on Thursday upheld Bollywood actor Sanjay Dutt's conviction in the 1993 Mumbai blasts case and sentenced him to five years imprisonment. Dutt, who has already served 18 months of his term in prison, has four weeks to surrender. The Supreme Court today also dismissed 1993 Mumbai blasts mastermind Yakub Memon's appeal against his death sentence even as it reduced the punishment of 10 other accused to life imprisonment from death sentence considering the fact that they have spent 20 years in jail. It also upheld life sentences awarded to 17 others. The apex court said there is no case for probation to Dutt because of the gravity of the crime. Dutt can file a review petition. Dutt, who was convicted under the Arms Act for illegally possessing weapons, had been awarded six years imprisonment by the TADA (Terrorists and Disruptive Activities (Prevention) Act) court. However, the apex court reduced the sentence from six years to five years. This effectively means that Dutt will be in jail for three years and six months as he has already undergone 18 months imprisonment. "He will have to serve another three-and-a-half year sentence. We had prepared him for the same," Dutt's lawyer Satish Maneshinde told reporters. "We will wait for a copy of the Supreme Court judgement and then decide the further course of action," he said. "He is a strong man and will fight back." In 2007, Dutt was cleared of conspiracy charges in the Mumbai serial blasts but was found guilty of illegal possession of an automatic rifle and a pistol. The actor was the most high-profile among 100 people found guilty in the bombings trial. The 1993 Mumbai attacks were ordered by India's most wanted man, Dawood Ibrahim, police say. The court also came down heavily on Mumbai police and customs officers at all levels. But for their wrong actions the 1993 bombings could have been avoided. A TADA court had in 1993 awarded death sentence to 12 people, including Memon. One of them has passed away. The court had also sentenced 20 to life imprisonment and 46 others, including Dutt, were given varying terms of imprisonment. The Central Bureau of Investigation (CBI) had faced flak for not challenging the TADA court verdict acquitting Sanjay Dutt of charges under the TADA but convicting him under the Arms Act and sentencing him to six years imprisonment. However, in the course of the hearing of his appeal, the CBI had opposed the actor's plea challenging his conviction and sentencing. For a man who reportedly took to drugs in high school, hobnobbed with India's most-wanted criminals and whose private life constantly made headlines, Dutt retains the sympathy of the industry and millions of fans who see him as a victim of his star lineage and own fame. Dutt is the son of actor and former Congress minister late Sunil Dutt. His sister Priya is a Congress MP in the Lok Sabha. Their mother, late Nargis, had also been a nominated member of the Rajya Sabha. Dutt married longtime girlfriend Manyata in February 2008 and became a father to twins two years later. He has a daughter Trishala from his first marriage. Through all his troubled years, Dutt managed to stay relevant in Bollywood, with his biggest hits being the two-series Munnabhai films in which he played a funny, do-gooder gangster. Dutt wasn't present in the court and was represented by his sister Priya. A series of 13 car bomb blasts had ripped through Mumbai on March 12, 1993, resulting in the death of 257 people and injuries to 713. The locations that were targeted included fisherman's colony in Mahim Causeway, Zaveri Bazaar, Plaza Cinema, Century Bazaar, Katha Bazaar, Hotel Sea Rock, Sahar Airport, Air India building, Hotel Juhu Centaur, the Bombay Stock Exchange Building and the Passport Office. Not linked to 1993 blasts: Dutt In August 2012, Dutt told the Supreme Court that his offence of possessing a rifle and ammunition was not linked to the 1993 Mumbai bomb blasts. Appearing for the actor, senior counsel Harish Salve told the apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan that he came to possess the weapon in September 1992 when his father Sunil Dutt and sisters were facing threats as the senior Dutt's help to Muslim victims annoyed some. Salve said that the only caveat in putting Sanjay Dutt to trial under an anti-terror law was if there was any "inextricable linkage" between his possessing arms with the serial bomb blasts. He said that this was the least common denominator that could be used for seeing any such linkage. He said that there was no linkage between Dutt possessing a rifle and the 1993 bomb blasts. The court was told that Dutt had never met blasts accused Tiger Memon and all that he knew about him was hearsay from Samir Hingora in whose under-production film "Sanam" he was playing a role. The senior counsel told this to the apex court hearing Dutt's appeal challenging his conviction under the Arms act and sentence of six years awarded to him. The actor's appeal challenging his conviction was being heard by the apex court. As Salve commenced the arguments, the court pointed out that there were objections that the "CBI filed appeal against all making an exception for Sanjay Dutt". The court was apparently referring to senior counsel Jaspal Singh casting shadows on the impartiality of the CBI by not appealing against the TADA court verdict in Dutt's case. Jaspal Singh, who appeared for accused Yakub Memon, said that the CBI did not oppose the bail of Dutt who had confessed his guilt and weapons were recovered from him. (With agency inputs) 

 SANJAY DUTT IS BEING SENTENCED BY COURT 5 YEARS IMPRISONMENT

Dutt, 53, was found guilty of acquiring illegal weapons from those blamed for the bombings in Mumbai that killed 257 people and was given four weeks to surrender. The actor has already served 18 months in jail.
"He will have to serve another three-and-a-half year sentence. We had prepared him for the same," Dutt's lawyer Satish Maneshinde told reporters. "We will wait for a copy of the Supreme Court judgement and then decide the further course of action," he said.
"He is a strong man and will fight back." In 2007, the actor was cleared of conspiracy charges in the Mumbai serial blasts but was found guilty of illegal possession of an AK-56 rifle and a pistol.
The actor was the most high-profile among 100 people found guilty in the bombings trial and had been originally sentenced to six years in jail.
The 1993 Mumbai attacks were ordered by India's most wanted man, Dawood Ibrahim, the court said.
The entertainment industry reacted with shock to news of Dutt's sentencing. "Heart Broken: Just heard that Sanjay Dutt has to go to jail for 5 years. I expected mercy! Alas it did not happen," tweeted film-maker Mahesh Bhatt, who helped resurrect Dutt's career with two films after he was freed on bail in the 1990s.
For a man who reportedly took to drugs in high school, hobnobbed with India's most-wanted criminals and whose private life constantly made headlines, Dutt retains the sympathy of the industry and millions of fans who see him as a victim of his star lineage and own fame.
Dutt is the son of actor and former Congress minister Sunil Dutt. His sister Priya is a Congress MP in the Lok Sabha. Their mother, Nargis, had also been a nominated member of the Rajya Sabha. Dutt married longtime girlfriend Manyata in February 2008 and became a father to twins two years later. He has a daughter Trishala from his first marriage.
In 2009, the Supreme Court barred the actor from contesting the national elections on a Samajwadi Party ticket.
Through all his troubled years, Dutt managed to stay relevant in Bollywood, with his biggest hits being the two-series Munnabhai films in which he played a funny, do-gooder gangster.
"Lage Raho Munnabhai", the second of the two films saw him espousing the non-violent principles of Mahatma Gandhi. The films portrayed Dutt's character as a man with a heart of gold who messes up despite his best intentions, which some critics and supporters said mirrored his own life.
The actor was to reprise his role in the third Munnabhai film later this year. Dutt's sister Priya was present in court on Thursday.
The actor is currently shooting for his new film "Policegiri". "It's late in the night. Have an early morning shoot for policegiri. Good night and big Jaadu ki jhappi to all my lovely fans," Dutt had tweeted on Tuesday, using a phrase the "Munnabhai" film made popular.