The Hindu : Front Page : Sanjay Dutt sentenced to 6 years in jail

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Wednesday, Aug 01, 2007
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Sanjay Dutt sentenced to 6 years in jail

Prachi Pinglay

One associate let off, another gets bail and 5-year rigorous imprisonment for the third

— Photo: AFP

rallying around: Actor Sanjay Dutt is comforted by his sisters Priya (left) and Namrata as he leaves his house for the TADA court in Mumbai on Tuesday. Dutt was sentenced to six years imprisonment in the 1993 Mumbai serial blasts case.

MUMBAI: Film actor Sanjay Dutt, 48, was sentenced to rigorous imprisonment for six years and fined Rs. 25, 000 in the 1993 blasts case for illegal possession of a prohibited weapon.

Of his three associates, Russi Mulla, 64, was released under the Probation of Offenders Act.

Kersi Adjania, 77, was granted bail and Yusuf Nulwalla was sentenced to five years RI and fined Rs. 25,000 for possession of the weapon and attempting to destroy the evidence.

The prosecution case was that Dutt had acquired an AK-56 in January 1993 after the riots in Mumbai from Abu Salem, and was in touch with Anees Ibrahim, brother of Dawood Ibrahim, mastermind behind the serial blasts.

Three AK-56 rifles and some ammunition were delivered to his house by Samir Hingora (who has been sentenced to nine years) and others. He returned two of them and kept only one.

When Dutt had gone to Mauritius for a film shooting, he heard about his friends Hanif Kadawala and Samir Hingora being caught. He called Yusuf Nulwalla and asked him to go to his house and get rid of the contents kept in a black bag. Nulwalla took the black bag containing one AK-56, two empty magazines, 250 rounds and one 9-mm pistol and asked Adjania to destroy it. While the AK-56 was broken into pieces, the 9-mm pistol was given to Russi Mulla. Russi did not have any knowledge about it being part of the illegal consignment of Dutt.

Dutt was arrested on his arrival from Mauritius. He spent 16 months during his two jail terms before being granted bail.

Special Judge P.D. Kode elaborated on the application filed by the four accused under the Probation of Offenders Act. He said that factors such as the nature of offence, circumstances and character of an accused were considered in a probation application. He noted that Russi Mulla had no knowledge of the fact that the 9-mm pistol was part of Dutt’s illegal consignment.

He agreed to keep it when Adjania told him to do so. However, his fault is of “sheer negligence” of not enquiring. Considering his age and that the pistol was “not put to any unlawful use,” the Judge granted him relief under the Probation of Offenders Act on a personal bond of Rs.1 lakh and a surety for a like amount. Russi Mulla looked relieved and looked up as the Judge announced his release.

The Judge then took up the case of Dutt, Nulwalla and Adjania together. He said the nature of the crime can overweigh the character aspect of a probation application. Referring to the threat perception to Dutt’s family during riots mentioned in his confession, he said Dutt resorted to acquiring a prohibited firearm on the suggestion of his friends Hanif Kadawala (shot during the trial) and Samir Hingora. He said that illegal acts could not be termed noble. Judge Kode said that they were not immature at the time of offence and for every citizen laws of nation should stand first. He noted that the weapon could have resulted in mass destruction and it was an eminently dangerous act. He remarked about Sanjay’s case further saying “not only did he commit the offence he also made others commit an offence of destroying it.” The Judge also drew attention to Dutt illegally possessing a pistol in September 1992 and being introduced to Dawood Ibrahim in Dubai and even attending a party where gangsters Iqbal Mirchi, Chota Rajan and Sharad Shetty were present. Noting that possessing AK-56 was not his first offence Judge Kode rejected the probation application of Sanjay Dutt and sentenced him to six years and slapped a fine of Rs. 25, 000.

The Judge said this act of destroying the weapon was a criminal conspiracy though it did not result in a ghastly act. He also sentenced Nulwalla to five years and Rs 25, 000 and Kersi to two years for attempting to destroy the evidence. However, the court has the right to grant bail to an accused whose sentence is less than three years and taking Kersi’s role and age into consideration he was granted bail on a personal bond of Rs. 1 lakh and a personal surety of like amount. Dutt and Nulwalla were taken into custody in the evening after meeting with their relatives. Their lawyers said they would approach the Supreme Court after the papers were ready.

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