NEW DELHI, 8 August 2007 — Bollywood star Sanjay Dutt filed an appeal in the Supreme Court yesterday against his conviction by a special TADA (Terrorist and Disruptive Activities) court in the 1993 Mumbai serial blasts case. He also moved an application seeking bail.
“We have filed an appeal against the conviction and also have prayed for his bail,” Dutt’s lawyer Satish Maneshinde said. Convicted last November for the illegal possession of a 9mm pistol and an AK-56 rifle, Dutt was given a six-year jail term last week by the TADA court. Dutt was acquitted of more serious charges, including that of conspiracy under the now defunct anti-terror TADA law.
Dutt, 48, started serving his sentence last week in the high security Yerawada Jail in Pune. Those supporting Dutt have argued that possession of weapons, for which he has been charged, was essential for his and family’s defense during the communal rioting that accompanied the demolition of Babri Mosque in Ayodhya, Uttar Pradesh in December 1992. His mother Nargis was a Muslim and a famous star of yesteryears, while his father, Sunil Dutt (a Hindu), also a Bollywood celebrity in his younger days, later took to politics.
Arrested in April 1993, Dutt spent 16 months in prison. He was also fined 25,000 rupees by the special court. He has been on bail for 12 years during trial.
His lawyers Fali S. Nariman and Harsh Salve aim to focus on Dutt’s “impeccable” track record during this 12-year period. Their move to make a robust case for relief delayed filing of the appeal by a few days, earlier scheduled for last Saturday. Legal experts are of the opinion that the “possession” of weapons does not imply that Dutt’s “motive” was to spread terror. He has already established that weapons were in his possession for self-defense and not to spread terror.
Others think that the Supreme Court’s decision would depend on the stand of Central Bureau of Investigation (CBI). Earlier this week, the CBI said that it would oppose Dutt’s bail plea. “We will oppose Sanjay Dutt’s bail plea if his lawyers approach the Supreme Court for the same,” CBI Director Vijay Shankar said.
Meanwhile, a war of words is on within the legal community on the jail term for Dutt. It began with former Attorney General Soli Sorabjee questioning support a few Congress leaders have voiced for Dutt. Sorabjee went on television to say: “...because Sanjay is a popular star, a very important personality, his sister (Priya Dutt) is an MP (Member of Parliament) and Priya Ranjan Dasmunshi, Kapil Sibal speaking in his favor, no signal should go to the people that it is a celebrity justice delivery system.” Both Dasmunshi and Sibal are senior Congress leaders and members of the Cabinet.
Sibal, who has earlier been Dutt’s lawyer, described Sorabjee’s comments as “unfair.” Sibal questioned Sorabjee’s silence when other “celebrities” were facing trial, particularly in the Ayodhya case. “If he wanted to take up such issues, why did he not speak out during the Ayodhya case? It was his government that was prosecuting the BJP leaders and he was the attorney general then. I wish his inner voice had come out then. Was L.K. Advani not a celebrity?” Sibal asked.
