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Verdict reserved on Dutt’s plea to suspend conviction

Legal Correspondent

Only then can the actor, convicted in the 1993 serial blasts case, contest elections

— Photo: Rajeev Bhatt

Actor Sanjay Dutt with Samajwadi Party general secretary Amar Singh at the latter’s residence in New Delhi on Monday.

New Delhi: The Supreme Court on Monday reserved orders on a petition filed by actor Sanjay Dutt for suspending his conviction in the 1993 Mumbai serial blasts case to enable him to contest the Lok Sabha polls. The decision came at the conclusion of arguments by senior counsel Harish Salve appearing for the actor and Additional Solicitor-General Gopal Subramaniam for the CBI before a three-Judge Bench of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and R.M. Lodha.

Mr. Dutt, who recently joined the Samajwadi Party, was convicted by a designated TADA court in Mumbai under the Arms Act and was sentenced to six years imprisonment. He is now out on bail. Under Section 8 (3) of the Representation of the People Act, those who are sentenced for two years or more cannot contest elections if the conviction is not stayed by an appellate court.

Mr. Salve, citing the case of Navjot Singh Sidhu who was convicted of culpable homicide but was allowed to contest elections by the Supreme Court, said the same relief should be granted to the actor. Mr. Dutt was convicted only once in the Arms case and not for the main conspiracy.

The actor possessed arms as he feared a threat to the life of his father Sunil Dutt and other members of his family after the January 1993 riots. Further, his conviction was based entirely on his confession. Mr. Salve said the actor’s appeal against the designated court’s judgment was pending in the Supreme Court.

It was not likely to dispose of it in the near future and he should not suffer for that reason. The ASG, opposing the actor’s plea, said the case of Mr. Sidhu stood on a different footing as he was acquitted by the trial court before that ruling was overturned by the Punjab and Haryana High Court. A stay of the conviction would be against the public policy and the spirit of Section 8 (3) of the Representation of the People Act imposing a bar on contesting elections.

Mr. Subramaniam said it was not a case entirely based on confession, but supported by disclosures, recoveries and corroboration of evidences as well. The conviction under the Arms Act could not be altogether ignored, he said.

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