MUMBAI, 29 November 2006 — An anti-terror court yesterday cleared Bollywood actor Sanjay Dutt of terrorism charge but convicted him of a less serious charge of possessing arms illegally.
The verdict against the 47-year-old action hero was delivered by Justice Pramod Kode in a packed courtroom while dealing with cases of 123 people accused of involvement in India’s worst-ever attack that killed 257 people. “I did not find him to be a terrorist or capable of destruction,” the judge said. “He kept the weapons only for his protection.”
The court later extended Dutt’s bail until Dec. 19 when he will have to surrender to the court, the chief prosecutor Ujjwal Nikam said.
The burly actor, who was freed on bail after serving 18 months in jail, has insisted he was only armed to protect his family.
Dutt faces a maximum three-year sentence but lawyer Mahesh Jethmalani told India’s NDTV that since the actor had already served 18 months earlier and was a first offender he might not have to serve any additional time.
Sentences on the convicts will be pronounced later.
The March 12, 1993 attacks were allegedly masterminded by Mumbai’s underworld at the time in revenge for deadly religious clashes targeting Muslims a few months earlier. The worst clashes were in Mumbai where 900 people, mostly Muslims, died. The killings followed the razing of 16th century Babri Mosque by Hindu fanatics in the northern Indian town of Ayodhya.
Dutt had denied any knowledge of the plot. The star — on whom several top-notch Bollywood producers are banking on, especially after the phenomenal success of his latest “Lage Raho Munnabhai” — had earlier in the day driven to court in a convoy of 25 cars.
A visibly tense Dutt, who had been sitting quietly in the last row of the courtroom, was called to the stand at 12:40 p.m. As the judge started reading out the verdict, Dutt was seen shaking.
“Can you hear me for two minutes please?” Dutt asked Kode after the verdict. The judge replied: “I will give you a chance to clarify later, but not now.” But he did have his say later. He appealed to the court that he would like to complete his ongoing films, make arrangements for his daughter to stay with her grandparents, and settle his late father Sunil Dutt’s will.
A red-eyed Dutt, who was dressed in his trademark frayed jeans and a red and gray checked shirt, had discarded his usual lucky blue shirt for what was being described as the most important day of his life.
Soon after the verdict was read out, his “Munnabhai” co-star Arshad Warsi said: “It could have been worse. I pray he comes out fine.”
Former Mumbai Police Commissioner A.S. Samra said: “The prosecution’s case has been vindicated.” He also appealed to the media not to inject sentimentalism, saying possession of automatic weapons was a serious offense.
The actor faced charges of possessing an AK-56 rifle and a 9 mm pistol, ammunition and hand grenades. He has been convicted under sections 3 and 7 of the Arms Act. While the first section deals with the possession of pistol and cartridges, the second focuses on arms such as AK-56.
The court also convicted Dutt’s friends Yusuf Nallawala and Kersi Adajenia under the Arms Act. They were found guilty of helping Dutt destroy an AK-56 rifle by melting it in a foundry and then dumping it in the Arabian Sea. Like Dutt, both were absolved of the charges of terrorism.
Another accused, Zebunissa Qazi, was held guilty of participating in a terrorist act by storing smuggled arms and ammunition handed to her by underworld don Abu Salem. The court asked her to surrender to the police within two weeks and furnish a personal bail bond.
Also convicted was Additional Customs Collector Somnath Thapa. He was found guilty of involvement in the blasts conspiracy, aiding and abetting in terrorist acts and helping terrorist masterminds.
