As
a regular follower of Justice Katju’s blog, his (latest blog post) letter
written to Governor of Maharashtra has come to me as a surprise. I am trying to
understand as from which perspective does he seek pardon to actor Sanjay Dutt,
who has been found guilty of possessing arms and ammunition.
I
am wondering, how many times he would have written such letter(s) to president
and governors for seeking pardon to a common man. We all know our legal system;
there are hundreds of under trials languishing in jails just because of the
delay in their conviction or acquittal by judiciary. Has Mr Katju written such
a letter for any of them or does he really know the status of under trials,
being an ex supreme jugde, I am sure he must be.
Now
if we read his letter written to Maharashtra’s governor, it annoys you and at
the same time makes you laugh as well. Do we expect someone like Mr Katju who
is ex Supreme Court judge, currently chairman of Press Council and a highly regarded
intellectual to write such a letter?
i)
His first point makes all sense when he says that “……there is power in the
Court under Section 4 of the Probation of Offenders Act, 1958 to release the
person under these circumstances of the case on furnishing a bond…”. But then why
is Mr Katju asking the Governor to intervene, if the actor has a legal option
under certain act of law, he’ll definitely go to court and seek release under
that particular act.
ii)
His second point also holds faith in constitutional remedies and past judgment
in similar case (I am not in agreement for that case also). So, appropriate
authorities will take their decision under our legal framework.
Mr
Katju does not stop here, he further elaborated his viewpoint by citing some comical
reasons –
a).
Event took place 20 years back and
sanjay dutt suffered a lot during this time, such as problem in shooting at foreign
locations and bank loan. May I let Mr Katju know that these are not sufferings
at all, if he want to see the real life struggle and sufferings go to any home
of those 70 crores Indians who have all been fooled by this nation. Suffered a
lot.
There
is a case of Demolition of Babri mosque which is also 20 years old, what is Mr
Katju’s view on that?
b).
Because, sanjay dutt has already been to jail (18 months) for an offence where
5 to 10 years is minimum and maximum punishment, he deserve a pardon. What
argument is this?
c).
Because sanjay dutt has got married twice or thrice ( I don’t know how many
times) and he is father of 2-3 children, he deserve pardon. May I say Mr katju
that there must have been hundreds of single bread earner of a family who are
in jails. Should we release them, I mean I don’t know.
d).
Sanjay dut has not been held terrorist; hence Mr Katju is seeking pardon. So
all those who are not ‘held’ terrorists and found in possession of illegal
arms, ammunition should be freed?
e).
Because Sanjay Dutt’s parents done good work for society, hence grant pardon to
him. This is a very – very dangerous argument & mindset for a democracy. Is
sanjay dutt a yuvraj. Has he taken all good deeds done by his parents? What is
his own contribution to any societal cause?
May
I remind Mr Katju a recent case of economic offence where an India by the name
of Rajat Gupta was held guilty. Rajat Gupta has done immense charitable work in
contemporary times, does that mean he should be let free of all charges. And
interestingly here sanjay dutt’s father has done good work not him. Seeking
pardon in these grounds seems to be a monarchist approach, not a democratic.
f).
Last one is the most classic, sanjay dutt has characterized mahatma Gandhi,
hence grant pardon. I mean as per this argument, all those who play negative
character in a 2-3 hours feature film are all destructive in their real life. May
I remind Mr Katju that sanjay dutt has also played roles like ‘khalnayak’ and ‘kancha
cheena’, what he has to say about that.
This
reminds me a movie scene of recently released ‘Jolly LLB’ where judge (saurabh
shukla) tells the lawyer (arshad warsi) that this is not a movie’s court. I
would like to repeat the same thing to Mr Katju.
If
Sanjay Dutt decide go to court and ask for a review of his conviction, may he
get the best possible legal recourse, because I have nothing personal against
him. I do watch his movies occasionally.
