The Supreme Court on Friday expressed its anguish that no one has brought to the court's notice a new fact that Yusuf Nulwala, who was sentenced to undergo five year imprisonment in the 1993 Mumbai blast case, along with actor Sanjay Dutt, was in possession of AK-56, which is not a prohibited weapon.
In March 2013 both were sentenced to five years and even as they are undergoing the sentence, Yusuf Nulwala filed a fresh writ petition pointing out that the maximum punishment for possession of AK-56 was only three years and that his sentence should be reduced. This writ petition came up for hearing before a bench of Justices Ranjan Gogoi and Prafulla C. Pant and senior counsel Harish Salve, appearing for Nulwala submitted that AK-56 which was seized from Nulwala is not an automatic weapon and hence he can't be sentenced to 5 years but only three years as per IPC provisions.
Since he had already undergone 3 years jail term, counsel sought a direction for his release forthwith. Justice Gogoi told the counsel "You are bringing this information for the first time. Everyone overlooked this aspect. Trial court and this court convicted. Also review was dismissed. Now you have option of filing curative petition. File curative."
We willl keep the present petition pending waiting for decision in Curative petition." Though the supreme court had already rejected the curative petition of Sanjay Dutt, the fresh curative petition with new facts will have an impact on his earlier release.
http://www.asianage.com/india/yusuf-nulwala-petition-may-affect-sanjay-dutt-s-case-089
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