The Hindu : Front Page : Sanjay Dutt back in Yerawada jail

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Tuesday, Oct 23, 2007
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Sanjay Dutt back in Yerawada jail

Prachi Pinglay

4,340-page judgment copy given to the actor

MUMBAI: Actor Sanjay Dutt, who was on interim bail till the judgment copy of 1993 blasts case was given to him, surrendered before the special TADA court after receiving it on Monday. This is the fourth time, in a span of 14 years of the trial, that the 48-year-old Bollywood star has gone behind bars.

After Dutt was sentenced to six years rigorous imprisonment under the Arms Act on July 31 2007, he was sent to the Yerawada jail in Pune, Maharashtra. However, he later appealed to the Supreme Court saying he be granted interim relief till the copy of the judgment was delivered to him. He was released on August 20, 2007 after he spent three weeks in jail only to be taken back there on Monday.

Dressed in blue shirt and denims, Dutt was accompanied by other co-accused, Yusuf Nulwalla, Kersi Adjenia and Russi Mulla. Dutt remained calm and sombre as he signed papers for collection of the copy, which runs into 4,340 pages and is divided into 47 sections. Part 37 deals with Dutt’s and his friends’ offences and discusses various points such as why the stringent Terrorist and Disruptive Activities (Prevention) Act was not applicable to the group, how Dutt was found guilty under the Arms Act and his alleged links with the infamous underworld. The judgment, relying on the confessions of accused Dutt and his friends, says: “It is crystal clear that A-117 [Sanjay Dutt] had acquired the contraband material.” The court also noted that there was some nexus between Dawood Ibrahim’s brother, Anees Ibrahim, and Dutt. The judgment talks about instances such as possible phone calls and visits from Anees on the sets of Yalgaar in Dubai. However, these instances are not enough to prove that Dutt procured weapons from Anees, says special TADA court judge Kode.

Regarding his acquittal under TADA Act, Mr. Kode notes “mere possession” does not amount to intention of a terrorist activity but only points to a possible illegal activity. The court also notes that Dutt had not asked for any particular firearm “much less AK-56 or the hand-grenades.” The court also notes that there is no evidence to prove that Dutt’s acquiring of weapons was indicative of knowledge of the conspiracy to cause serial explosions in the city. The court has accepted his confession which talks about the threats his family received after post-Babri Masjid demolition riots.

Dutt’s lawyers Satish Maneshinde and Farhana Shah requested the court if he could speak to his sisters in Mumbai and daughter in the U.S.

However, Mr. Kode said he could speak to his daughter, who is out of India but not with his sisters. Dutt’s lawyers also indicated that it would take some time before appeal in the Supreme Court is readied as the format was different.

Four other accused were also handed over copies of the judgment. The court had summoned 30 accused lodged in the Kolhapur jail, who did not come due to lack of jail escorts.

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