Following the Supreme Court upholding the sentencing of film star Sanjay Dutt to five-year imprisonment by a TADA court in the 1993 Mumbai blasts case, Press Council of India (PCI) chief Markandey Katju has appealed to Maharashtra Governor K. Sankarnarayanan to pardon the actor.
In a statement issued here, Mr. Katju sought pardon for Mr. Dutt under Article 161 of the Constitution saying that he had not been found guilty of having played a role in the 1993 blasts and had suffered a lot.
Mr. Katju said the Supreme Court, having found that Mr. Dutt had in his possession a prohibited weapon without a licence, awarded him the minimum imprisonment which was prescribed under law.
“Section 25 (1(A) of the Arms Act states that if a person has in his possession a prohibited weapon without a licence, he shall be awarded punishment of not less than 5 years imprisonment and not more than 10 years,” Mr. Katju said.
He added the power of pardon under Article 161 by the Constitution was different from judicial power as the Governor or the President could grant pardon or reduce the sentence of the court even if a minimum was prescribed.
“Hence, there is no doubt that the Governor can grant pardon/reduce the sentence. For example, in the case of Commander Nanavati who was held guilty of murder, the Governor gave him pardon although the minimum sentence for murder is life sentence,” Mr. Katju said.
He said the Supreme Court had not found Mr. Dutt guilty of the blasts but only found him guilty of having in his possession a prohibited weapon without licence.
“Surely, this is a lesser offence than murder. When the Governor of Maharashtra granted pardon to Nanavati, surely he can grant pardon to Sanjay,” Mr. Katju said.
He added though Mr. Dutt had committed an offence there were extenuating circumstances like that the event happened 20 years ago.
“During this period, Sanjay suffered a lot and had a cloud hovering over his head throughout. He had to undergo various tribulations and indignities during this period. He had to go to court often, he had to take the permission of the court for foreign shootings, and he could not get bank loans,” Mr. Katju said.
The PCI chairperson said Mr. Dutt had already undergone 18 months in jail.
“He has not been held to be a terrorist and had no hand in the bomb blasts. His parents Sunil Dutt and Nargis worked for the good of society and the nation. Sunil Dutt and Nargis often went to border areas to give moral support to our brave jawans and did other social work,” Mr. Katju said.
He pointed out that through his films he had revived the memory of Mahatma Gandhi and the message of Gandhiji, an apparent reference to “Gandhigiri” in Munnabhai films.
“In these circumstances, I respectfully appeal to Your Excellency to pardon Sanjay Dutt and set him free,” Mr. Katju said in his letter to the Governor and referred to the speech of Portia in Shakespeare’s Merchant of Venice that justice should be tempered with mercy.
Keywords: 1993 Mumbai blasts case, Katju appeal
Remember when Katju said 90% of Indians were idiots? Well he belongs to the 90%. Ridiculous, Sanjay Dutt chose to 'suffer' (if you call living in luxury suffering with occasional visits to court) for 20 years. That's a choice he himself made by seeking bail. He could have spent 5 years in jail and he would have been a free man today. No his crime is not the same as murder, which is why he gets only 5 years of jail time, and not life-long term.
If Dutt was a law abiding citizen and needed a gun he could have taken a license.The relevant question is why did he not do it. Further what was his relationship with known criminals. And why did he knowingly provide space for so many weapons. Will such excuses be accepted from you and me? You have to be strangelike Mr Katju to defend Dutt.Law enforcement is stymied by such interference and lack of objectivity.
I do not understand why people like Mr.Katju is advocating for an
offender already tried by our honorable courts. Being a retired judge
himself is taking such initiative will not go well along with law
abiding peoples.
Another thing I want to highlight that after this supreme court
judgement,the prosecution counsel stated in an interview that during
the trial period also Mr.Sanjaydutt had possessed unlicenced revolver
from some underground elements.
No one should be above law. If Ambanis are to be punished in 2G scam, then Industry forums will say he should be let off without any punishment. Where this will end, celebrities are a different class or what??
3. SC said that punishment cannot be evaded on the ground that trial
went on for longer period and accused suffered during trial. If katju
sought to seek pardon on ground that trial went longer and hence
accused should be pardoned is a mockery of our justice system. Suppose
in riots cases like gujarat, delhi etc. trial will go for longer
periods to nail the accused and various comments will be made against
accused by various people. If pardon is granted on ground that trial
is longer, the perpetrators of riot crime will go scot free. Also in
tragedies like bhopal gas etc. trial will be longer. This cannot be
the ground for seeking pardon or lesser sentence. If that is case all
criminals will try to prolong cases and try to go scot free. Speeding
up justice system is the key in these cases. 4. Sanjay dutt propagated
gandhian philosophy also is an unreasonable ground. Many politicians
utter name of gandhi and do acts contrary to what gandhi advocated.
I felt some of the grounds considered by katju to appeal for pardon
to sanjay dutt unreasonable. 1. Every person is responsible for
his/her own deeds and should be judged based on those rather than his
family background or his blood relations credentials or credentials of
office he works etc. There are many cases of sons of politicians
committing crimes. Pardon cannot be sought on ground that his father
has done some public service.If such is case then principles of
natural justice are violated. 2. The illegal possession of arms act
quoted above says merely possession of arms is an offence. Hence act
of possessing them knowingly is crime. Though dutt has not involved in
crime, but possessed arms voluntarily. This itself is a crime. Pardon
cannot be sought on ground that he did not commit any crime with that
weapon. If such is the interpretation of the act then it is a mockery
of above act and should be changed accordingly. 3. SC said that punishment cannot be evaded on the ground that trial
went on for longer period and accused suffered during trial. If katju
sought to seek pardon on ground that trial went longer and hence
accused should be pardoned is a mockery of our justice system. Suppose
in riots cases like gujarat, delhi etc. trial will go for longer
periods to nail the accused and various comments will be made against
accused by various people. If pardon is granted on ground that trial
is longer, the perpetrators of riot crime will go scot free. Also in
tragedies like bhopal gas etc. trial will be longer. This cannot be
the ground for seeking pardon or lesser sentence. If that is case all
criminals will try to prolong cases and try to go scot free. Speeding
up justice system is the key in these cases. 4. Sanjay dutt propagated
gandhian philosophy also is an unreasonable ground. Many politicians
utter name of gandhi and do acts contrary to what gandhi advocated.
Mr.Katju has the rights to suggest that Governor has the powers to pardon Sanjar Dutt. But he is wrong in suggesting that the basis for pardon should be that the crime took place 20 years. This is not the way a retired judge should speak. Many criminal cases in the country take more than 20 years when appeal till Supreme Court is involved. So according to him everyone should be pardoned ?
Would Katju request for a pardon if Sanjay Dutt is not a celebrity?
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