1993 Mumbai blasts verdict: Why the clamour to pardon Sanjay Dutt?
[Please read interjections of the editor of this blog, as to why Manisha
Singh, true to her skin, misses the real points and speaks like a
novice on the issue]
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| Substandard Journalist |
The sentencing of Bollywood actor Sanjay Dutt to five years in jail by the Supreme Court of India in the 1993 Mumbai blasts case reminded me of a classic I had read years back – Crime and Punishment by Russian author Fyodor Dostoyevsky.
The novel is set in St Petersburg in which the protagonist, Rodion Raskolnikov, living in penury, decides to murder a money-lender whom he considers despicable and not fit to live and use her money for a better cause. He commits the crime but then suffers terribly as his conscience tears him apart. Ultimately he has to pay the price for his act and is sent to prison in Siberia.
The moral of the story, to put simply, is that you have to pay for your acts sooner or later and the consequence of your action will come back to haunt you. This is exactly what has happened with the only son of Sunil and Nargis Dutt.
[Editor: The Constitution of India also has provisions of proving clemency, under article, 161 and 72; which can be used by the state without the consent of the convict, in conjunction with the Section 433 of Criminal Procedure Code. Section 433 of Criminal Procedure Code reads as under:
433. The appropriate Government may, without the consent of the person sentenced, commute-
(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person-might have been sentenced, or for fine;
(d) a sentence of simple imprisonment, for fine.
The novel is set in St Petersburg in which the protagonist, Rodion Raskolnikov, living in penury, decides to murder a money-lender whom he considers despicable and not fit to live and use her money for a better cause. He commits the crime but then suffers terribly as his conscience tears him apart. Ultimately he has to pay the price for his act and is sent to prison in Siberia.
The moral of the story, to put simply, is that you have to pay for your acts sooner or later and the consequence of your action will come back to haunt you. This is exactly what has happened with the only son of Sunil and Nargis Dutt.
[Editor: The Constitution of India also has provisions of proving clemency, under article, 161 and 72; which can be used by the state without the consent of the convict, in conjunction with the Section 433 of Criminal Procedure Code. Section 433 of Criminal Procedure Code reads as under:
433. The appropriate Government may, without the consent of the person sentenced, commute-
(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person-might have been sentenced, or for fine;
(d) a sentence of simple imprisonment, for fine.
So, why there is so much hue and cry when the case of pardon of a celebrity is concerned? Are we living in a military state or in a democracy? Is it because of the jealousy of some people or political rivalry or because of religion related issue? Is it the 1st case of Pardon or we had earlier cases too? Just ask yourself....]
Sanjay may or may not have been aware of the fact that the weapons that he hoarded in his house were for the horrific Mumbai blasts but the fact is that what he did was against law and hence has to pay a price for what he did. For precisely this reason those who have been saying that Sanjay Dutt should be pardoned are completely missing the point. (Under Article 161 of the Constitution the Governor has the power to wave off jail sentences).
[Editor: Yes, what he did was wrong and he has already paid the price. Your point misses the real issue because you have no idea about the constitutional provisions. Your article is best suited for laymen--FULL STOP]
It is understandable that being one of their own, Bollywood came out in support of the actor. The reactions have been varied – some said that they were shocked at the news, whereas others said that Dutt was a good human being. Legends like Rajnikanth said that he was ‘disturbed’ to hear the verdict and Jaya Bachchan, who is also a Rajya Sabha MP, maintained that Sanjay “was a changed man” and it is for this reason that she would talk to the Maharashtra Governor and seek for his clemency. There have been some honest voices too, like that of Mahesh Bhatt, who said that the time had come for Sanjay “to face the consequences of what he did and take it like a man.”
Sanjay may or may not have been aware of the fact that the weapons that he hoarded in his house were for the horrific Mumbai blasts but the fact is that what he did was against law and hence has to pay a price for what he did. For precisely this reason those who have been saying that Sanjay Dutt should be pardoned are completely missing the point. (Under Article 161 of the Constitution the Governor has the power to wave off jail sentences).
[Editor: Yes, what he did was wrong and he has already paid the price. Your point misses the real issue because you have no idea about the constitutional provisions. Your article is best suited for laymen--FULL STOP]
It is understandable that being one of their own, Bollywood came out in support of the actor. The reactions have been varied – some said that they were shocked at the news, whereas others said that Dutt was a good human being. Legends like Rajnikanth said that he was ‘disturbed’ to hear the verdict and Jaya Bachchan, who is also a Rajya Sabha MP, maintained that Sanjay “was a changed man” and it is for this reason that she would talk to the Maharashtra Governor and seek for his clemency. There have been some honest voices too, like that of Mahesh Bhatt, who said that the time had come for Sanjay “to face the consequences of what he did and take it like a man.”
[Editor: It is not the case of Bollywood. In Hinduism, to pardon someone is one of the greatest virtues of the world. Our Vedas, Puranas, etc, speak enough on that........We are human beings and not animals because we are endowed with some special qualities. If we fail to use those qualities and go for "Jungle Raj", then who is to be blamed? If you want to invent your own philosophy based on what some people think, and apply to the whole of India, then many would not accept your outrageously erroneous arguments. However, the state can take notice of the fact, but in order to implement they would surely look for a JPC on the issue]
But what is surprising is the support that Sanjay has been getting from other quarters. Press Council of India chairman, Justice (Retired) Markandey Katju has been in the forefront of ‘pardon Sanjay Dutt’ campaign. He wants Sanjay to be pardoned on humanitarian grounds as he “has already suffered a lot and has done a lot of good work like spreading the message of Gandhi.”
[Editor: You might get surprised like many ill--informed ladies, but this is the not the first time that Justice Katju has gone in for the issue of pardoning a convict. Your articles are best suited for News Channels like Zee News, whose editors are themselves facing extortion charges]
Hearing him it does seem as if that Mr Katju has forgotten that the roles the actors play are different from what they are in real life. The ‘Munnabhai’ films were a jackpot for Sanjay as far as his career is concerned and one is pretty sure that he did not do these roles because he wanted to repent and has imbibed the principles of Mahatma Gandhi in his everyday life.
As far as suffering is concerned, yes, maybe he lived the past 20 years of his life with the apprehension as to what the court’s verdict would be and how it would impact his life. But other than that he acted in movies, earned money, lived the life of a star replete with all the comforts, unlike the others who were waiting all these years for the apex court’s verdict. And more importantly, he was a free man out on bail.
[Editor: If a man is out of bail, then it does not automatically, free him from the real pangs of life. The mental trauma is one of the greatest pains in life. Do you know more than 50% of the human diseases are due to mental problems? Moreover, he had already served 18 months in jail. Hence, he has suffered, many be the apex court in its wisdom wanted a little harsher punishment. Alternately, he can also file a review petition in higher benches of the Honourable Supreme Court]
In fact, Sanjay Dutt should consider himself lucky. He got away with just five years jail term. If he had been booked under the stringent Terrorist and Disruptive Activities (Prevention) Act (now defunct), known as TADA for possessing illegal arms in a notified area which Mumbai was at that time, then maybe he would have been away for life. In fact, many wonder as to why the CBI did not go for an appeal in the SC against the TADA court’s decision to charge him only under the Arms Act.
[Editor: You have now caught the words of the street and criticizing the apex court for the verdict like rustic village fellow. How do you know whether, he was lucky or unlucky? Do you want to challenge the verdict of Honorable Supreme Court? Then why not file a review petition in Higher Benches. In fact, people like you should be tried for contempt of court and sent to jail for undermining the judiciary and speaking against a judgement in such a blatant tone.
2ndly why would he be booked under TADA for merely possessing some arms, when he is not at all connected with the Bombay blast and at the same time not kept arms for any disruptive activities? You are speaking like an insane person. Isn't it? It is people like you who wants to misuse the act]
Anyway, what is more surprising is the support that the political class has heaped on Sanjay Dutt. In fact the political class has outdone the Bollywood fraternity. The NCP and the Samajwadi party want him to be pardoned, along with INLD.
[Editor: It is the individuals from the respective political outfits who asked for his pardon. Why do you want to paint all the people of the party with the same brush?]
“He has a daughter of marriageable age and the other siblings are too young,” said Abhay Chautala. SP leader Ram Gopal Yadav opined, “This is an ordinary case of Section 25 of the Arms Act, which provides for six months to one year imprisonment.”
West Bengal Chief Minister Mamata Banerjee too joined the bandwagon when she said that Dutt had already ‘suffered a lot for the blunder’. Amar Singh and Jaya Prada too have been championing his cause.
“He has a daughter of marriageable age and the other siblings are too young,” said Abhay Chautala. SP leader Ram Gopal Yadav opined, “This is an ordinary case of Section 25 of the Arms Act, which provides for six months to one year imprisonment.”
West Bengal Chief Minister Mamata Banerjee too joined the bandwagon when she said that Dutt had already ‘suffered a lot for the blunder’. Amar Singh and Jaya Prada too have been championing his cause.
Congress general secretary Digvijay Singh is also of the view that Sanjay was innocent.
One wonders why the hearts of all of the above are not bleeding for the other accused whose crimes were more or less similar to that of the ‘Munnabhai MBBS’ hero. Namely Zaibunissa Kazi, who was charged for possessing illegal arms and ammunition and was convicted under TADA, whereas Sanjay Dutt got an acquittal under TADA.
[Editor: Let us not confuse the issues like a moron. Zaibunissa Kazi's case is different because she aided the Bombay blast, where as in case of Sanjay Dutt, he kept the arms because he was getting life threats and had probably had lost faith on the state machinery]
Zaibunissa’s daughter did tell a news channel – “I wish I was a celebrity or my mother was a celebrity or a sister of an MP. Even my mother would have got the kind of support Sanjay Dutt is getting.”
[Editor: It is unfortunate that you are supporting the daughter of a lady, who aided in Bombay blast. How can you be so stupid in your reasoning?]
However, in an irony of sorts, the Shiv Sena has opposed any move to go soft on Sanjay Dutt, feeling that the move would send a wrong message to the society. To be noted is the fact that it was Bal Thackeray who had been instrumental in getting Sanjay bail on the behest of Sunil Dutt .
[Editor: Let us see what one of the elected members of Shiv Sena said: “He should be punished... there should be no rethink or reduction in his five-year sentence,” said Sena MLC Neelam Gorhe during a debate on law and order in the Upper House. But we do not know what is the official stand of the Shiv Sena, as this could be her personal opinion too, like in BJP, there are voices, both opposing and supporting Sanjay Dutt].
In Dutt’s case it is understandable that his friends and the industry people may have been feeling a sense of sadness at the prospect of him going to jail. However, they have to understand that hollering for his pardon will send out a wrong message –And then, where will all this end? Tomorrow, the clamour to ask pardon for another actor Salman Khan will also start if and when he gets convicted for any of the court cases that he is embroiled in.
[Editor: High voltage pardons, like the case of Sanjay Dutt, will NOT send any wrong message to the world. What is the wrong message? It will infact send a positive message that we are NOT living in a "Fascist State", where there is also a chance to get clemency on certain conditions if the state thinks. Our democracy has three parts, Legislature, Executive and Judiciary. We cannot be guided by only appendage forgetting the roles of the others. In fact not granting pardon might have its own side effects!! We want a healthy state, with reduced crime rate. Isn't it? We do not want a state which is brutal in its shape and form---retributive jurisprudence is best suited for barbarians and savages]
One of Dutt’s close friend and actor Ajay Devgn said on a TV channel that the actor was not a threat to the society. He has a point. The society should give a chance to those who want to reform but it happens only after the person has paid a price for his unwarranted act and is ready to tread a path of rule and law and does not go back to his old ways. So for redemption, Dutt will have to serve out the remaining three odd years in jail for his act.
[Editor: Who are you to decide whether, a person has paid a price or not for his/her misdeeds? If the government thinks it is okay for him to grant pardon, then where is the problem? Where in the Constitution it is written that government of India has to follow the majority opinion of the people of India? Lastly if Ajay Devgan has said that, Sanjay Dutt is not a threat to the society, then he has rightly said so....especially when he (Sanjay Dutt) comes to the media and says, "I love my country"]
And come to think of it Sanjay was not all that young when he was arrested – he was 33 years of age – old enough to filter the good from the bad. Even if Dutt is given the benefit of doubt and one were to accept that he had no clue about the impending blasts in Mumbai and that he had acquired the weapons for his family’s protection, how prudent is it to hobnob with the mafia dons and how right is it to buy illegal weapons. Hours of recorded conversations between underworld dons Anees Ibrahim and Abu Salem and the Sanjay Dutt are well documented.
[Editor: The mental age has nothing much to do with physical age. Many persons mature late. I think you need to study behavioral economics to understand this topic. But then as long as low grade News Channels are there you can post your sub-standard articles for the illiterates and ignorants]
If at all one feels sorry, it is for Sanjay’s family – for his father who was undoubtedly was a good man and for his sisters who have been his pillar of support. It must have broken Sunil Dutt to see his son being called a ‘terrorist’. Sadly, Sunil Dutt had passed away by the time Sanjay was acquitted under TADA.
[Editor: One should not only feel sorry for his family but also for Sanjay DUtt, who paid much because of his celebrity status. Had he been a common man media might not have been so much vocal and the issues would have been blown under the carpet. How many of the Indians got media briefings, as to when the earlier president of India, Ms.Pratibha Patil, pardoned Rapists and Murders, or when lot of withdrawal of cases took place by the Maharashtra government?]
Post Script: In Dutt’s case it seems unlikely that the Governor will grant him pardon. For a start he will have to take the advice of the council of ministers, appear to have acted fairly and would have to give reasons for granting reprieve to the actor, as public interest litigation can be filed against the decision.
(The views expressed by the author are personal)
[Editor: You are no one to advise a governor how he should act. The Governor or the President of India, if they think fit, would grant him clemency and it would be a victory for democracy and right lovers. What we now need to get rid of vindictive and below par journalists like you who caters to the lowest common denominator and sends out wrong message to the people]
Courtesy: Zee News (Except the inputs of the editor of this blog)
