Reply to Mr. Katju for seeking pardon to Sanjay Dutt

An appeal to His Excellency  the Governor of Maharashtra to pardon Sanjay Dutt under Article 161 of the Constitution (Link to his blog posting)

http://justicekatju.blogspot.in/2013/03/pressnote-anappeal-to-his-excellency.html

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.