Markandey Katju Pitches for Pardon for Sanjay Dutt
Following the upholding of the sentencing of film star Sanjay Dutt to five years imprisonment by the Supreme Court in 1993 Mumbai blasts case, Press Council of India chief Justice Markandey Katju has appealed to Maharashtra Governor K Sankarnarayanan to pardon the actor.

In a statement issued here, Katju sought pardon for Dutt under Article 161 of the Constitution saying that he had not been found guilty of having played a role in the 1993 blasts and had suffered a lot.

Katju said the Supreme Court, having found that Sanjay Dutt had in his possession a prohibited weapon without a licence, awarded him the minimum imprisonment which was prescribed under law.

"Section 25 (1(A) of the Arms Act states that if a person has in his possession a prohibited weapon without a licence, he shall be awarded punishment of not less than 5 years imprisonment and not more than 10 years," Katju said.

He added the power of pardon under Article 161 by the Constitution is different from judicial power as the Governor or the President can grant pardon or reduce the sentence of the court even if a minimum is prescribed.

"Hence, there is no doubt that the Governor can grant pardon/reduce the sentence. For example, in the case of Commander Nanavati who was held guilty of murder, the Governor gave him pardon although the minimum sentence for murder is life sentence," Katju said.

He said the Supreme Court had not found Dutt guilty for the 1993 bomb blasts but only found him guilty of having in his possession a prohibited weapon without licence.

"Surely, this is a lesser offence than murder. When the Governor of Maharashtra granted pardon to Nanavati, surely he can grant pardon to Sanjay," Katju said.

He added though Dutt had committed an offence there are extenuating circumstances like that the event happened 20 years ago.
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Digression

3/D-124
Mar 27, 2013
11:45 PM

 OB Van Politics of J Katju_relevant quotes from SC judgment dtd 21/3/13 about Begum Zaibunisa Anwar Kazi,whose Daughter says Salem was coming to Begum Kazi's house as property dealer .She should be asked about how many property deals Salem has managed or even tried for Begum Kazi's family.Repeat offence is taken very seriously in law,in fact.
(Reason) quote"It is indeed true that
considering the role played by her in storing the weapons
in her house or even for A-89 being also instrumental for
taking the said weapons does create a strong suspicion of
both of them being man of confidence of prime
conspirator."unquote

(Reason ) quote"(34) However, considering the repeated participation of A-
119 in allowing absconding accused Anees Ibrahim to store
the weapons at her house or with her, herself taking up the
weapons in spite of knowing the purpose for which the
same were sent by Anees, the evidence pertaining to
second occasion clearly revealing that the weapons were 2
AK-56 Rifles and the ammunition and thereby all the
evidence establishing that the same being brought to India
for commission of terrorists Act i.e. by and for the
terrorists,"unquote
(Reason ) quote"(32)Now considering the period in which the
relevant had occurred and the period after which the police
had received the information, merely because evidence
does not reveal of any material being found at the house of
A-119 will not be a ground for discarding the said material
in the confession of A-89. As a matter of fact, event the
said material itself reveals that the said weapons were to
be kept with her and were to be collected back by Abu
Salem; non-finding of weapon with her clearly appears to
be insignificant circumstance. "unquote

(Reason ) quote"Retracted Confessions:

38) It has been contended that since the confession of the
appellant - Sanjay Dutt (A-117) has been retracted, hence, it
is not trustworthy and it would not be safe to place reliance
upon it. It is settled law that a voluntary and free
confession, even if later retracted, can be relied upon."unquote


(Reason ) -recorded on pages 40-41 in clause 21of judgment in criminal appeal no 1060 of 2007.Quote"Confessional Statement of Manzoor Ahmed Sayyed
Ahmed (A-89)

i) A-89 was a good friend of Abu Salem.
ii) He owns a Maruti 1000 bearing No. MP 23 B-9264.
iii) On 22/23rd January, 1993, A-89 met A-139. A-139 gave
the keys of his car to A-41 who kept a black bag of
weapons in it.
iv) A-139 and A-89 then went to the first floor of 22 Mount
Mary, Vidhyanchal Apts. They gave the bag to an old lady, viz., Zaibunisa Anwar Kazi (A-119) and told her
that the arms were for the purpose of causing riots, and
were sent by Anees Ibrahim - brother of Dawood
Ibrahim.
v) A-119 looked at the contents of the bag and then kept
it at her residence.
vi) After 8 days, A-139 called A-89 again and together with
A-40, they went to the residence of A-117 where he
gave them a blue rexin bag and a carton.
vii) Abu Salem and A-89 then went to the house of A-119
and gave the carton and the bag to her. Abu Salem
told A-119 to keep those weapons safely as they were
to be used for orchestrating bomb blasts."unquote

First such bomb blast must not be used by anyone for furthering ambitions of cheap politics or mishandling will bring situation like forgotten plight of Kashmiri Pandits even by J Katju because highlighting plights of Kashmiri Pandits will not make him Governor or Rajya Sabha MP and he must benevolently consider resigning in the name of unwritten propriety which he professed frequently in judgments in HC and SC, from present salaried post for not focussing in his job like former army chief,although projecting honest image.

maxwell, mumbai
2/D-50
Mar 22, 2013
08:49 AM

He added though Dutt had committed an offence there are extenuating circumstances like that the event happened 20 years ago. - Katju

Everyone tries this dodge and Katju displays his stupidity by making such statements.

First - Commit a crime.
Second - When charged, use your lawyers to prolong the trial for as long as possible.
Third - When convicted, ask for leniency or pardon on the grounds (pick any one or more) that

  (a) the matter happened so long ago,
  (b) you were young and ignorant at the time,
  (c) your parents are old and need you,
  (d) you are old,
  (e) you have a wife and children,
  (f) you are sick.

I'm sure with a little thought we can add more such excuses. There was a case in the Bombay High Court in which an individual convicted of murder remained on bail for 22 years pending hearing of his appeal before the HC woke up and ordered his retrial. (This was not due to legal manoeuvring but judicial inefficiency).After his conviction for the second time he sought bail on the ground that

his parents are ailing and he has two teenaged children and a wife to look after. (http://www.dnaindia.com/mumbai/report_former-navy-man-moves-hc-for-bail-in-25-year-old-case_1340966 and

http://www.dnaindia.com/mumbai/report_22-yr-freedom-of-murder-accused-comes-to-an-end_1335359)

Too bad for Dutt that the eminent Katju has retired. If he had still been on the bench he might have exercised his judicial brain to acquit him.

Bonita, Chennai
1/D-138
Mar 21, 2013
11:22 PM

ok he has mastered the art of keeping himself in limelight

Indian, Bangalore
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