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Sanjay Dutt gets 6-yr RI in '93 blasts case
Mumbai, July 31: Actor Sanjay Dutt was on Tuesday sentenced to rigorous imprisonment for six years for illegal possession of weapons in the 1993 Mumbai serial blasts. Dutt, who spent 16 months in prison after his arrest in April 1993 and was free on bail, was also fined Rs 25,000 by the Special TADA court of Judge P D Kode.
The court rejected Dutt's application seeking exemption from a prison term under the Probation of Offenders (POA) Act.
Dutt, who was seated in the back of the court when the sentence was announced, was visibly shocked as the judge gave the reasoning for his decision not to grant him relief under the POA Act.
After pronouncing the sentence, the court cancelled the bail granted to Dutt and told police to take him into custody.
Dutt was convicted in November last year under the Arms Act for the illegal possession of a 9mm pistol and an AK-56 rifle but was acquitted of more serious terrorism charges under the stringent TADA law.
Initially, the court granted Dutt's associate Rusi Mulla benefit under the POA Act but then announced that the actor and two others would not be eligible to get relief under the same law.
The court observed that Dutt had not merely committed a criminal act but also told three others to commit criminal acts on his behalf.
After a court clerk read out the sentence, Dutt was seen chatting with fellow convicts and friends Yusuf Nulwalla and Kersi Adajania.
Commenting upon affidavits filed by public personalities like actor Dilip Kumar in support of Dutt, Judge Kode said these are of no use if there exists material, which says that the actor has indulged in a criminal act.
Dismissing the defence's argument that the weapons were acquired by Dutt for self-defence, Kode said such an acquisition cannot be called "noble", is contrary to the law and indicates scant respect for the law.
"I must say for every citizen, laws of the nation shall be respected. If you don't, I don't expect you to be called a moral person," Kode said.
Kode also observed it was an "eminently dangerous act" as the weapon possessed by Dutt was capable of mass destruction though the accused had not used the weapons.
Dutt acquired the weapons to "protect" his family in the aftermath of sectarian violence that erupted in Mumbai following the demolition of the Babri mosque in late 1992.
Kode said the character of the accused is very important while considering if they deserved relief under the POA Act. He pointed out that apart from possessing the weapons, Dutt was a close acquaintance of Anees Ibrahim and attended a party hosted by Dawood in Dubai.
Regarding the nature of the crime, Kode said generally, crime happens at the hands of any one man but Dutt drew another person to commit a crime, which showed "high element of criminality".
Kode, however, said the crimes committed by Dutt and his friends Adajania and Nulwalla were not "anti-social, ghastly, inhuman, immoral or pre-planned" and did not cause any harm to the general public.
Dutt, who spent 18 months in jail in two spells during the trial, was convicted under sections 3 and 7 read with Section 25(1-A)(1- of the Arms Act, for possessing an AK-56 rifle and a 9mm pistol.
"During my reasoning I have not found him to be a terrorist," Kode had observed while convicting Dutt last year.
The court acquitted Dutt of the charge of conspiracy, saying there was no evidence to show he had any contact with any of the conspirators who carried out the blasts.
The court also accepted Dutt's confession that he had taken the weapons in self-defence after the 1993 communal riots and said he was being acquitted under the TADA law as he did not have the intention to commit terror acts.
During arguments over Dutt's application under the Probation of Offenders Act, his lawyers sought to prove his good character and, with affidavits filed by four prominent personalities, tried to prove that he had obtained the weapons for the safety of his family, which he felt was under threat due to the communal riots.
Among those who filed affidavits endorsing Dutt's character were thespian Dilip Kumar, Vipula Kadri, former Mumbai sheriff Nana Chudasama and anti-drug abuse activist Yusuf Merchant. All four claimed to have known Dutt for years and vouched for his commitment to social causes.
Yusuf gets RI; Adajania freed
Special TADA Judge P D Kode sentenced Yusuf Nulwalla to five years rigorous imprisonment and directed him to pay a fine of Rs 25,000 for his role in aiding the disposal of an AK-56 rifle that Dutt had in his possession.
Kersi Adajania, who was given the rifle by Nulwalla and had attempted to destroy the weapon in his factory, was awared two years rigorous imprisonment and fined Rs 25,000.
Police had found some parts of the rifle at the factory of Adajania which they had submitted as evidence.
However, Rusi Mulla, who had taken the pistol from Dutt, was granted exemption under the Probation of Offenders Act (POA) and told that he would be released on payment of Rs one lakh and a surety of the same amount. Mulla is the only convict among a total of 100 to get relief under POA.
The court also rejected the applications filed by Adajania and Nulwalla under the POA and said it was not applicable in the duo's case.
Sanjay's plea to surrender later rejected
Actor Sanjay Dutt's plea seeking time to surrender after he was given a six-year jail term in the 1993 serial blasts case today was rejected by a special court that said he should be held in a separate cell in the Arthur Road Jail here.
The court said it would hear on August 2 another application filed by Dutt seeking to be kept at the Arthur Road Prison in Central Mumbai and not to be sent to a jail in another part of the state like the other convicts in the case.
Judge P D Kode also allowed the star to meet family members and close friends and to speak to his daughter Trishala who lives in the US.
The actor told the court he felt he would get the benefit of the Probation of Offenders Act (POA) and his sentence would be waived, and hence he wanted to make certain arrangements before he was sent to jail.
"You (Judge Kode) are more than family for all of us," Dutt said.
We will move SC: Dutt's lawyers
Meanwhile, lawyers of actor Sanjay Dutt said they would move the Supreme Court seeking relief for him. Dutt's counsel Satish Maneshinde said as soon as the required papers are ready, the actor's legal team would exercise the right to appeal and move the SC seeking relief.
He, however, declined to specify when they intended to file the appeal.
An operational order of the sentence is expected and it generally takes at least two days after an appeal for the matter to come up for hearing before the Supreme Court, Maneshinde said.
He said the lawyers had prepared Dutt for the likelihood of his going to jail in the 1993 Mumbai serial blasts case.
"We had prepared him," Maneshinde told reporters when asked for his reaction to the six-year jail term given earlier in the day by the Special TADA court here.
"Sanjay Dutt was prepared for this day. We as the legal team are saddened by the verdict and think that the judgement is harsh," he said.
Maneshinde said they would make every effort to reinforce the legal team which already consists of a battery of senior lawyers like V R Manohar, Surendra Singh and Karan Singh.
Efforts be made to enable Dutt get relief: Dasmunsi
Expressing his "deep shock and surprise" on the award of jail term to Dutt, Information and Broadcasting Minister P R Dasmunsi said all efforts should be made to enable actor Sanjay Dutt get "relief" from the highest judiciary.
He said in a press release "he believes in judiciary but feels that Sanjay Dutt had already suffered enough".
"As a minister, I do not want to question the judiciary, but in a civil society time has come to gauge the parameters for an unintentional fault, for which Shri Sanjay Dutt had already suffered long enough, in first instance," Dasmunsi said.
Everyone is equal before law: Patil
Hailing the TADA court verdict for Sanjay Dutt in the 1993 serial blasts case, Maharashtra Deputy Chief Minister R R Patil said that the ruling proves that "everybody is equal before the law".
"Be it a celebrity or somebody else... Today's verdict shows that everyone is equal before law," Patil, who also holds the home portfolio, told reporters at Vidhan Bhawan.
The court has also praised police work in the case, Patil said.
http://www.zeenews.com/articles.asp?aid=386000&sid=NAT&ssid= &news=Sanjay%20Dutt%20gets%206-yr%20RI%20in%20%6093%20blasts %20case
Mumbai, July 31: Actor Sanjay Dutt was on Tuesday sentenced to rigorous imprisonment for six years for illegal possession of weapons in the 1993 Mumbai serial blasts. Dutt, who spent 16 months in prison after his arrest in April 1993 and was free on bail, was also fined Rs 25,000 by the Special TADA court of Judge P D Kode.
The court rejected Dutt's application seeking exemption from a prison term under the Probation of Offenders (POA) Act.
Dutt, who was seated in the back of the court when the sentence was announced, was visibly shocked as the judge gave the reasoning for his decision not to grant him relief under the POA Act.
After pronouncing the sentence, the court cancelled the bail granted to Dutt and told police to take him into custody.
Dutt was convicted in November last year under the Arms Act for the illegal possession of a 9mm pistol and an AK-56 rifle but was acquitted of more serious terrorism charges under the stringent TADA law.
Initially, the court granted Dutt's associate Rusi Mulla benefit under the POA Act but then announced that the actor and two others would not be eligible to get relief under the same law.
The court observed that Dutt had not merely committed a criminal act but also told three others to commit criminal acts on his behalf.
After a court clerk read out the sentence, Dutt was seen chatting with fellow convicts and friends Yusuf Nulwalla and Kersi Adajania.
Commenting upon affidavits filed by public personalities like actor Dilip Kumar in support of Dutt, Judge Kode said these are of no use if there exists material, which says that the actor has indulged in a criminal act.
Dismissing the defence's argument that the weapons were acquired by Dutt for self-defence, Kode said such an acquisition cannot be called "noble", is contrary to the law and indicates scant respect for the law.
"I must say for every citizen, laws of the nation shall be respected. If you don't, I don't expect you to be called a moral person," Kode said.
Kode also observed it was an "eminently dangerous act" as the weapon possessed by Dutt was capable of mass destruction though the accused had not used the weapons.
Dutt acquired the weapons to "protect" his family in the aftermath of sectarian violence that erupted in Mumbai following the demolition of the Babri mosque in late 1992.
Kode said the character of the accused is very important while considering if they deserved relief under the POA Act. He pointed out that apart from possessing the weapons, Dutt was a close acquaintance of Anees Ibrahim and attended a party hosted by Dawood in Dubai.
Regarding the nature of the crime, Kode said generally, crime happens at the hands of any one man but Dutt drew another person to commit a crime, which showed "high element of criminality".
Kode, however, said the crimes committed by Dutt and his friends Adajania and Nulwalla were not "anti-social, ghastly, inhuman, immoral or pre-planned" and did not cause any harm to the general public.
Dutt, who spent 18 months in jail in two spells during the trial, was convicted under sections 3 and 7 read with Section 25(1-A)(1- of the Arms Act, for possessing an AK-56 rifle and a 9mm pistol.
"During my reasoning I have not found him to be a terrorist," Kode had observed while convicting Dutt last year.
The court acquitted Dutt of the charge of conspiracy, saying there was no evidence to show he had any contact with any of the conspirators who carried out the blasts.
The court also accepted Dutt's confession that he had taken the weapons in self-defence after the 1993 communal riots and said he was being acquitted under the TADA law as he did not have the intention to commit terror acts.
During arguments over Dutt's application under the Probation of Offenders Act, his lawyers sought to prove his good character and, with affidavits filed by four prominent personalities, tried to prove that he had obtained the weapons for the safety of his family, which he felt was under threat due to the communal riots.
Among those who filed affidavits endorsing Dutt's character were thespian Dilip Kumar, Vipula Kadri, former Mumbai sheriff Nana Chudasama and anti-drug abuse activist Yusuf Merchant. All four claimed to have known Dutt for years and vouched for his commitment to social causes.
Yusuf gets RI; Adajania freed
Special TADA Judge P D Kode sentenced Yusuf Nulwalla to five years rigorous imprisonment and directed him to pay a fine of Rs 25,000 for his role in aiding the disposal of an AK-56 rifle that Dutt had in his possession.
Kersi Adajania, who was given the rifle by Nulwalla and had attempted to destroy the weapon in his factory, was awared two years rigorous imprisonment and fined Rs 25,000.
Police had found some parts of the rifle at the factory of Adajania which they had submitted as evidence.
However, Rusi Mulla, who had taken the pistol from Dutt, was granted exemption under the Probation of Offenders Act (POA) and told that he would be released on payment of Rs one lakh and a surety of the same amount. Mulla is the only convict among a total of 100 to get relief under POA.
The court also rejected the applications filed by Adajania and Nulwalla under the POA and said it was not applicable in the duo's case.
Sanjay's plea to surrender later rejected
Actor Sanjay Dutt's plea seeking time to surrender after he was given a six-year jail term in the 1993 serial blasts case today was rejected by a special court that said he should be held in a separate cell in the Arthur Road Jail here.
The court said it would hear on August 2 another application filed by Dutt seeking to be kept at the Arthur Road Prison in Central Mumbai and not to be sent to a jail in another part of the state like the other convicts in the case.
Judge P D Kode also allowed the star to meet family members and close friends and to speak to his daughter Trishala who lives in the US.
The actor told the court he felt he would get the benefit of the Probation of Offenders Act (POA) and his sentence would be waived, and hence he wanted to make certain arrangements before he was sent to jail.
"You (Judge Kode) are more than family for all of us," Dutt said.
We will move SC: Dutt's lawyers
Meanwhile, lawyers of actor Sanjay Dutt said they would move the Supreme Court seeking relief for him. Dutt's counsel Satish Maneshinde said as soon as the required papers are ready, the actor's legal team would exercise the right to appeal and move the SC seeking relief.
He, however, declined to specify when they intended to file the appeal.
An operational order of the sentence is expected and it generally takes at least two days after an appeal for the matter to come up for hearing before the Supreme Court, Maneshinde said.
He said the lawyers had prepared Dutt for the likelihood of his going to jail in the 1993 Mumbai serial blasts case.
"We had prepared him," Maneshinde told reporters when asked for his reaction to the six-year jail term given earlier in the day by the Special TADA court here.
"Sanjay Dutt was prepared for this day. We as the legal team are saddened by the verdict and think that the judgement is harsh," he said.
Maneshinde said they would make every effort to reinforce the legal team which already consists of a battery of senior lawyers like V R Manohar, Surendra Singh and Karan Singh.
Efforts be made to enable Dutt get relief: Dasmunsi
Expressing his "deep shock and surprise" on the award of jail term to Dutt, Information and Broadcasting Minister P R Dasmunsi said all efforts should be made to enable actor Sanjay Dutt get "relief" from the highest judiciary.
He said in a press release "he believes in judiciary but feels that Sanjay Dutt had already suffered enough".
"As a minister, I do not want to question the judiciary, but in a civil society time has come to gauge the parameters for an unintentional fault, for which Shri Sanjay Dutt had already suffered long enough, in first instance," Dasmunsi said.
Everyone is equal before law: Patil
Hailing the TADA court verdict for Sanjay Dutt in the 1993 serial blasts case, Maharashtra Deputy Chief Minister R R Patil said that the ruling proves that "everybody is equal before the law".
"Be it a celebrity or somebody else... Today's verdict shows that everyone is equal before law," Patil, who also holds the home portfolio, told reporters at Vidhan Bhawan.
The court has also praised police work in the case, Patil said.
http://www.zeenews.com/articles.asp?aid=386000&sid=NAT&ssid= &news=Sanjay%20Dutt%20gets%206-yr%20RI%20in%20%6093%20blasts %20case
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