Saturday, March 23, 2013

Issue of pardoning Sanjay Dutt

Supreme Court of India has given its verdict in the 20 years old case of 1993 Mumbai Blasts. The apex court handed down 5 years imprisonment to celebrated and popular film actor Sanjay Dutt in this case for possessing prohibited weapons. He has not been held guilty of involvement in the blasts. He has also not been held a terrorist by the highest court of the land. Undoubtedly, the 1993 Mumbai blasts which took 257 innocent lives, injured several and brought unending misery on many families. So, whoever has been found guilty of involvement in this heinous crime must be punished stringently. Sanjay Dutt has not been found connected with Mumbai blasts. As far as the chorus for letting off Sanjay Dutt is concerned, Press Council of India Chairman Justice Markanday Katju has appealed Maharashtra Governor K Sankarnarayan to grant pardon to the film actor Sanjay Dutt on humanitarian ground. Many are in full agreement with the appeal of Justice Katju. Even the Supreme Court has also decreased the period of his imprisonment from six to five years. Sanjay Dutt has already gone 18 months of imprisonment and suffered a lot during these 20 years. 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. It is correct that due to his imprisonment, his wife, children, family and bollywood would suffer a lot at this juncture. For possessing prohibited weapons, there is minimum of 5 and maximum of 10 years imprisonment. The gun found with him is not an ordinary gun that sold in the market. License is not issued for AK-56 to any individual. Sanjay Dutt family background, personal behaviour, talent in the bollywood and inadvertent illegal action make a strong case for his pardon. He may have no knowledge of law that it is illegal to have unlicensed weapons, though ignorance of law is no excuse. But for this, he had already gone imprisonment of 18 months and during this ordeal he must have reformed himself. Justice Katju has made appeal under article 161 of the Constitution wherein there is clear provision that Governor could grant pardon to the convict. Nanawati case is already there for example before us. Nanawati case was a murder case and the case against Sanjay Dutt is illegal possession of weapons. So, Justice Katju’s appeal to grant pardon Sanjay Dutt is not misplaced and the Governor of Maharastra may consider it on humanitarian ground. Though all are equal before law, the case of Sanjay Dutt deserves humanitarian consideration as the incident happened 20 years ago in which he was not found to be involved. The case against him is virtually of illegal possession of weapons.

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