Sanjay Dutt’s neta debut still uncertain

The Supreme Court on Monday (March 30) reserved its order on Bollywood star Sanjay Dutt’s plea seeking suspension of his conviction in the 1993 Mumbai blasts case to contest the Lok Sabha elections.

A Bench headed by Chief Justice K G Balakrishnan reserved the order after hearing contentions of Dutt’s counsel and the CBI, which opposed his plea.

SP refuses to comment

Samajwadi Party refused to comment on the Supreme Court’s decision to reserve its order
on Bollywood star Sanjay Dutt’s plea seeking suspension of his conviction in the 1993 Mumbai blasts case to contest the Lok Sabha elections.

“No comments. We are law abiding citizens and have full faith in the judiciary. The matter is subjudice. Whatever decision the court will take, we will accept it with all humility,” Samajwadi Party General Secretary Amar Singh told reporters.

Singh, at whose residence Dutt was awaiting the Supreme Court’s decision, denied any reply when asked whether the actor’s wife Manyata could be the party’s candidate from Lucknow in case Dutt’s appeal is rejected by the court.

“I will not say anything on Manyata. The media cannot put words in my mouth on this,” he said.

Senior advocate Harish Salve, appearing for Dutt, contended that the actor was convicted under the Arms Act solely on his confessional statement and that he was absolved of serious charges under TADA.

Pleading for suspension of conviction, he further said the TADA court had held that Dutt was not involved in any conspiracy in the blasts’ case.

The CBI, however, opposed the plea, saying that the conviction was not only on the confessional statement but the court’s findings were based on recoveries, disclosures and corroborative evidences.

The actor, who has joined Samajwadi Party and decided to contest the polls from Lucknow, sought suspension of the conviction on issues similar to the ones considered by the apex court while staying the conviction of BJP leader Navjot Singh Sidhu in a road rage case.

Dutt contended that his conduct during the trial should be considered for granting him relief like
cricketer-turned-politician Navjot Singh Sidhu.

The apex court had on January 23, 2007 stayed the conviction and the three-year sentence of Sidhu in a road rage case paving way for him to contest the Amritsar Lok Sabha bypoll after he resigned in the wake of Punjab and Haryana High Court holding him guilty of the offence.

Dutt, 50, pleaded the apex court to consider his case on grounds similar to that of Sidhu and to take into account that he was absolved of the serious offence under TADA apart from taking cognisance of the fact that there was not a single case registered against him before the Mumbai blasts.

The Bollywood star, who was sentenced to six-year jail term on July 31, 2007, had spent 18 months in jail during the pendency of the trial.

He filed an appeal against his November 28, 2006 conviction in the apex court which had granted him bail on November 27, 2007.

Dutt was convicted under the Arms Act for possession of an AK-56 rifle, a 9 mm pistol and grenades given by co-accused Abu Salem before the Mumbai blasts.

Dutt’s lawyer K Hari Narayan told the court that Sanjay’s father Sunil Balraj Dutt and his sister Priya were facing threats, so he kept the AK 47 riffle in his possession for defending his family members.

The hearing was held in the Supreme court afternoon. Advocate Narayan prayed the court that Sanjay Dutt’s conviction should be stayed so that he can file nomination and contest elections of Lok Sabha.

Advocate Sagar Ladda from Aurangabad, who had filed an intervention application in this matter stated that if Dutt’s conviction is stayed, other such persons who are convicted for more than two years will also ask the court to give stay and pave way to contest elections. Narayan took strong objection on Ladda’s say.

Court set aside the objections saying “it is the view of the people.” Narayan prayed the court forwarding the citation of former cricketer and MP Navjot Singh Sidhu. Ladda said that the matter of Sidhu was different as he was exonerated from the murder case. He requested the Supreme Court that if Dutt wants to contest election then he may pray to decide his appeal first. After hearing both the sides, the court reserved its decision.

Notably in his intervention application advocate Ladda said that according to the Representation of People’s Act 1951 (RPA), a person who is convicted for not less than two years can not contest elections though he succeeds for staying of conviction.

Ladda said that if the application of staying conviction of Sanjay Dutt is allowed then any person who is convicted may get stay only for contesting elections and thus the RPA will be proved useless. He mentioned that staying of conviction does not mean that he has been granted authority to contest election.

In his PIL filed earlier on 18th of this month, he also prayed that the CEC be directed by the Apex court for not accepting the nomination papers of Dutt. In his PIL admitted at number 8128/09, he submitted that under the provisions of Sections 8 (1), (2) and (3) of the Representation of the Peoples Act 1951(RPA), any person who is sentenced to imprisonment for not less than two years is disqualified from contesting elections.

Ladda says that CBI arrested Sanjay Dutt in 1993 in the Mumbai bomb blast case and he was charged of illegal possession of arms and ammunitions. Further, in his petition, he says that on January 16, 1993 gangster Abu Salem and his accomplices went to Sanjay’s house and gave him three AK 47 rifles and 25 hand grenades, out of which the respondent kept one rifle with him.

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Sanjay Dutt’s neta debut still uncertain

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