TADA, Sanjay Dutt and Katju

     Apex court had awarded 5 years sentence to Sanjay Dutt, film actor, for illegal possession of AK-56. After 20 years of traversing through hierarchy of judiciary the judgement has been halted without any further level of judiciary. But Indian constitution has given Indian President and Governors of State the power to repeal, commute, and pardon any such pronouncement. As far as sentence to death is concerned President can even pardon it based on the advice of Government. Vesting on these powers Justice Markandey Katju has appealed Maharastra Governor to pardon Sanjay Dutt on the grounds that are bizarre. The reasons for pardoning Sanjay Dutt in the eyes of Katju:

a. The event happen in 1993 i.e. 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, he could not get bank loans, etc. 

b.      Sanjay Dutt has already undergone 18 months in jail.

c.       Sanjay Dutt has got married, and they have two small children.

d.       He has not been held to be a terrorist, and had no hand in the bomb blasts.

e.       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 for society.

f.        Sanjay in this period of 20 years has through his film revived the memory of Mahatma Gandhi and the message of Gandhiji, the father of the nation.

To Katju:

• If you were that much worried about the judicial delay why you haven’t asked the President/Governor to release the prisoners in various jails who were serving beyond the maximum punishment because of inordinate delay in judicial delay. Aren’t you aware of those facts?
• Is Sanjay Dutt the only person in India with two small children to be punished? Why didn’t you raise your words for other such accused?
• Sanjay Dutt had only spread Gandhian principles through two of his films. But there are many films through which he had spread violence/terrorist principles. Also his single handed delivery of justice without following normal procedures of Indian judicial system had been displayed in various films. Your point evoke doubt whether Munnabhai sequel were made with the purpose of seeking pardon in the post judgment scenario.
• Your thought of Sunil Dutt and Nargis Dutt visiting borders infused moral support sounds funny. Have you ever felt about being in a border and guarding your nation? A film actor visit can be a relaxation alone not a moral support.
• Just because Dutt family rendered a life time service to Congress doesn’t mean that they are above law.

Justice Katju had also reffered Nanavati case (1959) as reference for pardoning Sanjay Dutt in his letter to the Governor.

What is Nanavati Case?

     K M Nanavati, a Naval officer murdered his wife’s lover (Prem Ahuja) for having extramarital affair with his wife. This case was the last case to be heard as jury trial in India. The jury acquitted Nanavati. However, the case was appealed, subsequently Bombay High court awarded life imprisonment for Nanavati. The case drew huge attention through media and influenced the public minds that Nanavati’s actions were in the lines of middle class values hence he should be pardoned. At last, Prem Ahuja’s wife wrote a letter to Governor of Maharastra to pardon Nanavati. How could one draw line between Nanavati and Sanjay Dutt? Katju had tried to mislead the public citing Nanvati case as reference. In the Nanavati case too there had been difference of opinion regarding pardon in the public mind which had been influenced by the media. In Dutt’s case his confession “Because I have Muslim blood in my veins. I could not bear what was happening in the city” might be taken into account. In the back of his mind he had the feeling to spread terror in the city which cannot be ruled out.

          

         Under the same TADA convicts of Rajiv Gandhi assassination case are suffering, why you haven’t raised a word about it. The convicts are in jail for 22 years whereas life sentence is for 14 years only. Perarivalan, one of the convict, was 20 years when he was arrested, at that age mental maturity of any person will be very low, and they can be brain washed to any radical thoughts without pain. Perarivalan had been convicted for procuring battery which was used in the bomb. He got gold medal in his diploma course. He is still serving his life in jail.

          

         There are many under trial accused serving jail term beyond the maximum punishment for the offences committed. You have no say for them because they are just common people whose parents are very ordinary isn’t it? 

Actors cutting across the state had expressed their support to Sanjay Dutt and upheld their camaraderie. Katju is leading the bandwagon for Sanjay Dutt’s pardon since his impeccable judicial career can be advantageous in influencing people. However, his actions initiated a wrong precedence in the functioning of our system. All these people are claiming that Sanjay Dutt had suffered a lot, I don’t get what kind of suffering are you talking? He was free to move in the country, he had been allowed to do films, he had made money, he was spending time with his family, what else you need? How many accused enjoyed such privileges? Where were you when they were suffering? Please don’t put forth lame arguments just because he is Sanjay Dutt.

                It seems in India if you are elite justice can be bent as per your wish.

   ' Let the Justice be delivered'