S. Narinder Singh
Soon after Supreme Court upheld the conviction of Sanjay Dutt in the arms case linked to 1993 Mumbai serial blasts and sentenced him to five years imprisonment, the media, particularly electronic, went whole-hog in hosting panel discussions for almost two weeks on whether the actor should be pardoned or not.
The demand for pardon to Sanjay Dutt after well considered judgement of the Apex Court is likely to send a wrong signal to the society. Leaders from various political parties have also demanded pardon to the actor, who no doubt is a heart throb of millions. But, will it be prudent to politicize a crime by being lenient to a celebrity. This will not be in consonance of the rule of law. Any soft paddling in the case will provide a political cover to convicts in this case.
First of all, what was the necessity of initiating high profile discussions over the issue? There has never ever been such an euphoria over convictions in similarly places cases and even for similar offences. That Sanjay Dutt is a celebrity actor and son of a legendary film star, film maker and former minister Sunil Dutt does not entail him any special position of concession. Both the Dutts, of course, are credited with lot of social work but the offence committed by Sanjay Dutt deserved the punishment he got. Gandhigari does not entail him exoneration from the punishment awarded by the Apex Court.
As per the Indian Constitution every body is equal before the law, whether a celebrity or a common individual. Holding such discussions amount to mobolising the public opinion against the verdict of highest court of the land. Such debates have, in fact, harmed his cause because law is not guided by public pressure and emotions.
Of course, the film fraternity, his family, relatives, friends and well wishers have been shocked at Dutt’s sentence. They rightly feel him to be a lovely person. But the actor has been punished for illegal possession of AK 56 rifle, 9mm pistol and ammunition which was allegedly part of armed and explosive consignment brought to India for series of blasts that killed 257 people and injured over seven hundred. Whereas Supreme Court already reduced six years jail term to five years awarded to him by a designated TADA court in 2006. Nature of the offence was so serious that Supreme Court ruled out his release on probation. The film icon will have to undergo the jail term only for three and half years as he has already spent eighteen months behind the bars. During his brief media interaction at Mumbai on 28 March 2013, Sanjay said that he is not seeking any pardon and will surrender within stipulated time as there are many other people who deserve pardon. He has made it clear that he does not wish to file a review petition or plead for pardon accepting that he was rightly convicted. But nothing prevents him, his relatives and well wisher from applying for pardon/mercy under article 161 and 72. But Sanjay Dutt’s cause has been visibly hurt by some of those lobbying for him.
Although absolved of the terror crime under TADA, it is publicly known that his arms were sourced from the Mumbai mafia bosses who were linked to 1993 blasts. Clearly Sanjay Dutt procured arms from terrorist sources and kept them in house. Do all these panelists forgot that Sanjay Dutt had close links with underworld people and was into the drugs. After drugs and blast case he was accused of underworld links and tapes of alleged conversation with Chota Shakeel was released by Mumbai police.
I wonder knowing that he possessed illegal prohibited arms and ammunition and had links with underworld people who were involved heinous crime of Mumbai serial blasts in 1993, verdict of Supreme Court became subject of debate. It is strange that eminent Retd Supreme Court Judge is openly favouring the pardon of the actor. It is never expected from a person of his stature who is also Chairman Press Council of India. To justify his action he is repeatedly asking that similar cases should be forwarded to him so that he can apply for their release also. He has also written for pardon for another convict in 1993 Mumbai Blasts case Zebunissa Kazi who had stored AK 56 rifle and ammunition at her Bandra residence. The Supreme Court had upheld her 5 year rigorous imprisonment sentenced under TADA. Moreover, in a letter to Prime Minister and Home Minister Justice Katju requested that Sanjay Dutt should not be put to disadvantage merely because he is celebrity.
Retired Justice who is the biggest votary of Sanjay Dutt at the moment, sought pardon / clemency for him from Governor of Maharashtra and President of India. Moreover, Justice Katju has now sought suspension of jail sentences of 1993 Mumbai blast convicts Sanjay Dutt and Zubinisa Kazi as long as his appeal is pending before the President.
Justice Katju seems to have rushed to the conclusion that Dutt kept illegal prohibited automatic weapons for self defence and to protect his family as they were getting threats during riots in Mumbai in the aftermath of Babri demolition. It is strange that he is even ready to seek pardon for other film star Saif Ali Khan and Salman Khan –slapped with fresh charges for killing black bucks. By his such approach , it is not understood whether he is behaving like a jurist, politician or media man.He did not mind even being branded as Congressman or ‘stooge’ . While uttering such statements, he should keep in mind that apart from chief of Press Council of India he is also a retired justice of the Apex Court . He is supposed to maintain the dignity of the highest court of the country otherwise wrong notions will be carried about his judgements/justice delivered by him during his tenure as judge of the highest court of the country . His cry for seeking pardon /mercy for actor is not justified when the film star himself wants to go to jail and not interested to file petition for review ,pardon /mercy. Even if Dutt changes his mind all such legal options are available to him. Penal discussions comprising eminent jurists, lawyers retired bureaucrats , journalists, members of various political parties and civil society ,‘should Sanjay Dutt pardoned or not ’’has raised many issue such as ‘should emotions influence law and verdicts of the judiciary especially of Apex Court are subject to public debates .Seeking opinion in such cases where the offence is established and guilty is awarded punishment amount to interference in the law and justice. As reported in a section of media a 70 year old dairy farmer of Assam Mr Arjun Sharma was arrested in 1991 under the same TADA section as Dutt. He spent eight years as an under trial for possession of illegal arms which were recovered by army in polythene bags from his farm .Unlike Sanjay Dutt, Sharma was not even aware of the weapons hidden in his farm by ULFA . But no body came forward to help and initiated campaign for him. Since Sharma was not a celebrity his case got no recognition. Sharma died two years ago still awaiting the court verdict.
There may be so many similar cases, therefore media should be very cautious while holding discussions/debates where integrity and credibility of the apex court is involved. Moreover, media including electronic and print, should not make the mockery and misuse right to freedom of press and expression. All national channels should also keep in view the national interest foremost. Filmstar Sanjay Dutt is a reformed and fine person. As per media reports, Governor has forwarded 25 letters favouring his pardon and more are equal number opposed to granting pardon on the plea that demand for clemency to the actor tantamount to an insult to judiciary and judicial system of the country. Let us wait for the decision of the government.
(The author is a former Director of Information, J&K)
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