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'