Wednesday, 27 March 2013

Why I am not the Devil's advocate

Portia or Shylock?
by Justice Markandey Katju

“Kevalam shaastram aashritya na kartavyo hi nirnayah
Yuktiheeney vichaare tu, dharmahaani prajaayate”

“The decision should not be given merely by following the letter of the law
For if the decision is wholly inappropriate, injustice will follow”

            Many questions have arisen over my appeal to the Governor of Maharashtra to pardon Sanjay Dutt under Article 161 of the Constitution. Hence I am clarifying my stand.

1.      It is alleged that I am appealing for him because he is a celebrity. This is wholly untrue. I make no distinction between celebrities and non celebrities. I made appeals for release of Gopal Das, Sarabjit Singh, Khalil Chishty, and many others who were non-celebrities. Some people have alleged I am a fan of Sanjay Dutt. This again is incorrect.  Personally, I do not see films, and have not seen one for about 40 years. I do not know Sanjay, and am not his relative or friend. How can I be his fan?

2.      It is alleged that Sanjay should not be pardoned because many people were killed in the 1993 Mumbai bomb blasts. But Sanjay has not been held by the Courts to be a terrorist or involved in the bomb blasts. The only charge found proved against him was having illegal weapons in his possession. But as pointed out in paragraph 70 of the Supreme Court judgment “In the case of Sanjay Dut, the Designated Court took a view on the basis of his own confession that the weapons were not acquired for any terrorist activity but they were acquired for self defence, and therefore acquittal was recorded in respect of the charge under Section 5 of TADA. We respectfully agree with the same”.
Now once the Supreme Court has held that Sanjay was not involved in the 1993 bomb blasts does it behove people to keep on harping that many people were killed and wounded in those blasts in which Sanjay had no hand.

3.      It is then alleged that the law should be the same for everyone. The answer is that though the law is the same, the facts may be different. Hence each individual case has to be examined on its own merits. In the case of Sanjay the facts are that (a) he has undergone 18 months imprisonment, and after release on bail it took him about 5 years to restore his damaged career, and during this period he was often ostracized and treated as a terrorist, he did not get film offers (because film producers thought he may not complete the movie, as he may again go to jail). He could not get bank loans, he had to take permission from the court every time to go for foreign shooting, etc. He had to suffer several other tribulations and indignities during the last 20 years. (b) He has got remarried and has 2 small children (c) In the last 20 years when the case was going on he was not  found to have done anything wrong, rather he has done good social work. A person changes in 20 years. So should he be sent back to jail for foolishness done a long time back when he was a young man?

Yes, if other co-accused deserve pardon they should also get it, and I am seriously considering the case of Zebunnesa Kazi, whom I prima facie think deserves pardon, though I am collecting more material about her before I make up my mind.

4.      It is alleged that if pardon is granted to Sanjay it will subvert the judicial verdict. This argument overlooks the fact that under our Constitution apart from the judicial process there is also a pardon/reduction of sentence process under Articles 72 and 161. The considerations in the pardon process are different from those in the judicial process. For instance, in the judicial process the court has no discretion to pass a sentence below the minimum prescribed by law. But since the power of pardon is a Constitutional power, the same restriction does not apply to it, because a Constitutional provision cannot be curtailed by a statutory provision. Hence the Governor or President can grant pardon even if the convict has not served the minimum sentence as in the case of Nanavati. And humanitarian considerations are also relevant in the pardon proceedings.

      Had Sanjay Dutt not gone to jail for a day nor been subjected to various forms of harassment for the last 20 years I would not have appealed for pardon merely because of Munnabhai or his parents’ good social work. But Sanjay has, no doubt in different forms, served the sentence, as pointed out above.

5.      As regards the objection that the appeal for pardon can only be to the President of India in view of Entry 5 of list 1 of the 7th Schedule read with Article 72 and 161 of the Constitution, to avoid this controversy, I suggest a separate appeal to the President by way of abundant precaution.

Therefore the question boils down to this: Should one be a Shylock who demands a pound of flesh, or should one be a Portia who pleads that justice should be tempered with mercy. Let the , people, and the concerned authority, decide.  

( An edited version of this article is published in Hindustan Times on 27/03/2013)


  

53 comments:

  1. http://sndipan.blogspot.com/2013/03/im-disappointed-mr-katju.html?m=1

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    1. every gunda in the world carry gun for their defense only.. no excuse MR. katju

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    2. it will be a good idea to demolish the supreme court as per ur view

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    3. Mr. katju think of a muslim person. if he keep the all the material that sanjay dutta kept. what will happen then

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    5. sorry MR. katju what ever u have done totally disappointing
      I was thinking Indian politician are making such foolish things
      we did't expect from you

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    6. Being a hard core fan of Sanjay, We want law to take its action, and no one should stop it. Sanjay dutt should have very well knew that those arms are illegal, and been brought to India, not for anybody's good. He should have informed police about these, He could have very well stopped the Blasts from happening.He deserves more rigorous punishment than given by our honorable Supreme court. Please sir, do not support Sanjay.

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    7. Well Said...Katju...by your logic..You will apply pardon for Dawood too...his father has too served the nation..he was a police...
      The question is why do you not apply pardon for Sadhvi Pradnya ? why not for Mr.Purohit ? they have not yet been found guilty, but in jail...I am sure as a Chamcha of Sonia, you will never speak for them.

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  3. Firstly, I do not share your views on Sanjay's pardon or Narendra Modi. But I feel you are trying too hard to please your critics.You should not.If these people knew your other views on corruption, justice system, TV media, they would not dare say you belong to the '90%'. And that is the same reason why you should not care to defend yourself in front of them.They are judging you based on one of your views which contradict theirs.You have the right to ask for pardon, we do not believe in pardoning him.But you are in your right, we are in ours.You do not need to justify.

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    1. Sanjay Dutt is not a terrorist: Digvijay Singh
      probably Dogi don't know that court has given the decision knowing that after knowing all the details
      what a bull sheet dogi

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    2. Mr. Katju u have right to ask for that. u can give suggestion to mr dutta personally
      but what u have done that is not expected

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  4. All sufferings that you mention are faced by all accused when their case is being tried. Sanjay Dutt's case is no different. When he broke the law, his fate was sealed. Even if he got the gun for self defense, did he get it from someone licensed to sell it? If he can prove that, then no problem. But he procured an assault rifle from dubious sources.

    Even when he played Munnabhai and revived Gandhi's message, he was playing an antisocial element, who used Gandhi to get to the girl he secretly loved. It was not out of love for Gandhi. So by crediting him for single handedly reviving Gandhi's thoughts, you are actually insulting hundreds of Gandhians who are tirelessly working with the down trodden.

    As an Indian citizen, Sanjay has the right to appeal for pardon, judicial review, etc. His lawyer should be sufficient in advising him on these matters. Why are you jumping into the fray? Your acumen can serve better purposes

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  5. There was a long delay in arriving at the judgement in this case,this is being now used to grant pardon..because of the good work done during the delay.

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    1. You hit the nail. This is absolutely right.

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    2. I don't know what good things he had done. what ever he had done he got payment for that

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    3. None can believe that he had kept those dreaded weapon like AK-56,hand granades for his self defence.
      can u belief that???

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  6. I'm amused by a comment that groups in Dutt and the xenophobic Narendra Modi. That is a greater injustice to Mr Dutt than another round of incarceration.
    Though per se I do not vote for a pardon for Dutt, I do admit my lack of proficiency in these matters to stand up and shout down other dissenting voices like yours.

    But my thinking is, is it not the celebrity status of Dutt that has now triggered this deluge of cry for pardon?
    If I were to m in my intemperate youth to do a Dutt or a similar act of illegality , will these voices clamour for me?

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  7. Sadhvi Pragya must remain in prison without being charged until she confesses? At least as a 33rd tooth extracted to buttress the SushilKumarG ShindeSaheb articulated Nehru-Gandhi theory on "Saffron" terror? Indian "justice" and Indian "courts" (!) History will record their role and "committed" lethargy together with that of the rest of India's ruling elites in forcing a violent revolution. Particularly through crushing peaceful protest with violence and calumny and dismantling the cement of the agglomeration of religious minorities that have inherited the laws of "Karma" and "Dharma" from the Brahmanism of the now defunct nationality of Aryavarta.

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  8. Shri Katju deserves credit for highlighting the importance of justice over mere Man-made laws... and the need for the ultimate rulers to uphold justice. It is rather unfortunate that many people choose deliberately to ignore the spirit of the law just to make a point. Even Hindu Dharma and Mythology highlight the fact that while Laws of Karma are ineveitable, Karma consequences can be modified by prayer / other positive efforts and actions.

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    1. Human beings have created laws to create and maintain a proper civilization. The chimera of "Justice" is delegated to the after life or reincarnation. Law must be applied like the "Hot Stove Rule" to have any effect. The Hot Stove glows red to warn "if you touch me, I shall burn you". It burns whosoever touched it. Irrespective of whether they are the impoverished Indian Middle Class, the Rich Farmers who monopolize Indian politics,member of India's powerful ruling dynasties,netas, babus, cops, judges,doctors, cricketers, bollywoodies or nautch girls. The longer you touch it, the more it will burn you. The moment you stop touching it, the hot stove stops burning you; but, the damage you have done yourself will continue to remind you with scars and blisters for many days. India's courts and Animal Farm constitution and laws have been dismantling civilization by lethargy, arbitrariness and that ugly Nehruvian precept of "Show me the person and I shall show you the law".

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    2. P.S. My constant derision of India's laws and law makers will continue as these laws were not made in congruence with the purpose of laws but by men of straw lacking in fundamental integrity merely to continue their reign of rapine and plunder. In short, these are not laws fit for purpose.

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  9. justice katju,Iam your big fan you are our real hero not people like sanjay or shahrukh I respect you and your views.......but sometimes I have to criticize your views because of their biased-ness..... at the one point of time you appeal for pardon of sanjay dutt just because he has not been found guilty of any terrorist activity by the hon'ble court and has suffered a lot in last 20 years by various ways and at the same time, you make an appeal against narendra modi describing him as a villain, though he also has not been found guilty for any offence under any law by any court of law, and also have been acquitted by the special investigation team appointed by the hon'ble supreme court of India, though I am not a fan of modi, but I support for justice...... modi also has suffered a lot in the last 10 years...has also been denied for visa by the so-called secular-democratic and liberal state the united states of America.....and has been facing the criticism of the so-called secular and democratic Indian media.....and he too has been serving the 60 million gujratis from the last 12 years.....should he also been given pardon if found guilty for genocide of 1000 innocent muslims........I neither support narendra modi, nor criticise sanjay dutt but I like his acting...be it in munnabhai or in agnipath.....but my comtention is that you should not make such type of pure political appeal because you were a judge in the sc and still holding a qusi-constitutional body.....and since you are a well known personality, your such comment may mislead the people of this country and thus may cause injustice to several innocent persons....

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  10. Dear Mr. Katju( Not Justice Katju),

    Every criminal case takes about 15-20 Years in India , for conclusion.

    As per your measuring tape, a criminal can seek bail, marry again, beget a few children, pursue a good profession and be eligipble for pardon after his final conviction, just because of the above factors and a fact like he had acted on Gandhian themes in movies and had sought the court's permission for purely personal Foreign Jaunts,etc., and the facts that he has professed evil characters like in Khalnayak and in Agnipath and many more are not at all relevant.

    Good suggestion for Dawood Ibrahim, Tiger Memon, Abu Salem, etc..

    Who will save India from these .........

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  13. The objective of any democratic legal system in the world is not to punish but to reform the accused/criminal, for the accused is a product of the society he lives. In Sanjay Dutt’s case he is a reformed person and apparently serving the society. There is a deliberate attempt to malign Justice. Katju after he voiced his opinion on Mr. Modi, this by people with vested interest. People are free to oppose his views, but should refrain from using derogatory language against an elderly well-meaning intellectual person.

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    1. People do that exactly because he is a "well-meaning and intellectual person". Because to be well-meaning and to be intellectual these days, is to shake their pathetic comfort levels, to constantly remind them of their flaws. An ugly, deformed person doesn't want you to show him a mirror. And an ugly, deformed, mindless zombie does feed and relish on live "brains", doesn't it?

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  14. you should admit you did mistake by appealing pardon to Sunjay Dutt.

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  15. Sir,
    You are telling Sanjay Dutt has been accused of possessing illegal arms only, not of terrorism. Do you believe that police investigation was in a fair manner? As we know police was under immense pressure to dilute the case in favour of Sanjay Dutt. Eventhough there was concrete evidence regarding his links with Dawood,Abu Salem, it was not presented to the court. None can believe that he had kept those dreaded weapon like AK-56,hand granades for his self defence. He was a celebrity, his father was a prominent & imfluential politician. So,none dared to touch him. These arguments in his favour are to shield his crime only. Anyhow, he could get bail after 18months, then after he led almost a normal life. He married twice, got children,acted in many films and earned crores of rupees. So, he has suffered all along 20 years is a myth. What about other accused,who are in jail for 20years without bail. Actually they have suffered a lot. Many of them were just tools of those handler dons. They did crime for want of money because they were poor,illiterate to understand consequences,so became easy prey to the dons. But,Sanjay knew the consequences of his act as he was educated and belonging to the elite section of the society. You see the case of Zaibunisa who even did not know what was in the bag which was kept in her house by the dons. She has been charged under TADA, for Sanjay it is only under unlawful possession of arms act. Why this discrimination? There is no execuse for ignorance of law,should be implemented equally & impartially. Hence,Sanjay Dutt is not entitled to excuse, he must be jailed accordingly. Mumbai bomb blast case has reached a logical conclusion, no mercy should be for anyone. We should think about the plight of the victims of bomb blasts who lost and suffered a lot.

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  16. Sorry to say justice Katju . By making such comments you are putting to trial the powers of supreme court. First of all it took 20 years to.come out with a verdict which itself is a matter of national shame
    On top.of that u want the guilty to walk free.on the basis of humanity against the orders of supreme court. If ur relatives of friend had suffered.in the blast u will know.how it feels. The guilty should.be punished even if it took 100 years for the verdict to come out..
    All those who had a share.in it.must submit to course of law...
    I dont want to ask what u stand to.benefit from dutt family for favoring him.

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  17. होली का पर्व आपको सपरिवार शुभ और मंगलमय हो!
    -------------------------------------


    कल दिनांक28/03/2013 को आपकी यह पोस्ट http://nayi-purani-halchal.blogspot.in पर लिंक की जा रही हैं.आपकी प्रतिक्रिया का स्वागत है .
    धन्यवाद!

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  18. relevant quotes from SC judgment dtd 21/3/13 about Begum Zaibunisa Anwar Kazi,whose Daughter says Salem was coming to Begum Kazi's house as property dealer .She should be asked about how many property deals Salem has managed or even tried for Begum Kazi's family.Repeat offence is taken very seriously in law,in fact.
    (Reason) quote"It is indeed true that
    considering the role played by her in storing the weapons
    in her house or even for A-89 being also instrumental for
    taking the said weapons does create a strong suspicion of
    both of them being man of confidence of prime
    conspirator."unquote

    (Reason ) quote"(34) However, considering the repeated participation of A-
    119 in allowing absconding accused Anees Ibrahim to store
    the weapons at her house or with her, herself taking up the
    weapons in spite of knowing the purpose for which the
    same were sent by Anees, the evidence pertaining to
    second occasion clearly revealing that the weapons were 2
    AK-56 Rifles and the ammunition and thereby all the
    evidence establishing that the same being brought to India
    for commission of terrorists Act i.e. by and for the
    terrorists,"unquote
    (Reason ) quote"(32)Now considering the period in which the
    relevant had occurred and the period after which the police
    had received the information, merely because evidence
    does not reveal of any material being found at the house of
    A-119 will not be a ground for discarding the said material
    in the confession of A-89. As a matter of fact, event the
    said material itself reveals that the said weapons were to
    be kept with her and were to be collected back by Abu
    Salem; non-finding of weapon with her clearly appears to
    be insignificant circumstance. "unquote

    (Reason ) quote"Retracted Confessions:

    38) It has been contended that since the confession of the
    appellant - Sanjay Dutt (A-117) has been retracted, hence, it
    is not trustworthy and it would not be safe to place reliance
    upon it. It is settled law that a voluntary and free
    confession, even if later retracted, can be relied upon."unquote


    (Reason ) -recorded on pages 40-41 in clause 21of judgment in criminal appeal no 1060 of 2007.Quote"Confessional Statement of Manzoor Ahmed Sayyed
    Ahmed (A-89)

    i) A-89 was a good friend of Abu Salem.
    ii) He owns a Maruti 1000 bearing No. MP 23 B-9264.
    iii) On 22/23rd January, 1993, A-89 met A-139. A-139 gave
    the keys of his car to A-41 who kept a black bag of
    weapons in it.
    iv) A-139 and A-89 then went to the first floor of 22 Mount
    Mary, Vidhyanchal Apts. They gave the bag to an old lady, viz., Zaibunisa Anwar Kazi (A-119) and told her
    that the arms were for the purpose of causing riots, and
    were sent by Anees Ibrahim - brother of Dawood
    Ibrahim.
    v) A-119 looked at the contents of the bag and then kept
    it at her residence.
    vi) After 8 days, A-139 called A-89 again and together with
    A-40, they went to the residence of A-117 where he
    gave them a blue rexin bag and a carton.
    vii) Abu Salem and A-89 then went to the house of A-119
    and gave the carton and the bag to her. Abu Salem
    told A-119 to keep those weapons safely as they were
    to be used for orchestrating bomb blasts."unquote

    First such bomb blast must not be used by anyone for furthering ambitions of cheap politics or mishandling will bring situation like forgotten plight of Kashmiri Pandits even by J Katju because highlighting plights of Kashmiri Pandits will not make him Governor or Rajya Sabha MP and he must benevolently consider resigning in the name of unwritten propriety which he professed frequently in judgments in HC and SC, from present salaried post for not focussing in his job like former army chief,although projecting honest image..

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  19. Justice Katju what a shame!!If the people who are responsible to take this country forward start thinking like this. For a country to progress it has to treat its people equally we can't have 2 different set of rules one for the privileged and one for others. Why did you come out for pardoning Sanjay Dutt but never spoke about other who are in jail for similar crimes.Sir you should find out how many other people are in jail for similar cases and ask for pardon for them.

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  20. Justice Katju, You being a former judge for the highest court in India, are NOT messaging in the right way that will give a good direction to young India. You are literally asking everyone to commit crime and be excused. Its a SHAME from a high profile person like you. Sir, I pity you and your perceptions. Honestly, Its shame on you. Why don't you file review petition for all those guilty and set them free.

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  21. Thanks sir, for once again taking a tough stand although it is getting little controversial because of Sanjay Dutts star value and his connections. But what you said is 100% true and I agree wih you.

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  22. I agree with what you have said... But now after 20 years down the line Salman Khan will be given some punishment and we will be looking back again his records of suffering... etc.. He will also get married have two children and might also do Munna Bhai type movie and off course he is doing social work.. And also consider fact he will be 65 yrs around by that time.. So we will also pardon him...

    Celebrity have more visibility but we shouldn't forget there will be surely lot of people like Begum Zaibunisa Anwar Kazi (don't know the fact based on media reports) but they are lost because they are not star's.

    I would have appreciated if you would have considered that ladies case first instead of our star. I am also a die hard fan of Sanjay Dutt and very upset he made a mistake that is causing him so much. Also please don't upset our police force they worked so hard for last 20 years to put people behind bars and now we are setting people free. consider the suffering of our police force resources etc.. money etc.. its tax payers... we also suffer for earning and paying taxes.... Finally die in blasts...

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  24. Mr. Katju, I wish if you had removed your per-amble "Justice", we wouldn't have worried for your fighting in favor of Mr. Dutt. We have some respect for that position and don't malign it for any political interests.

    As a proud Indian, I kindly request you to take up the case of SADHVI PRAGYA. If you dare to support a terror accused, Mr. Dutt, who actively was in touch with terrorists, please also show some sense to support SADHVI PRAGYA for getting justice. Then, I would feel great as an Indian otherwise I would be ashamed!!

    I challenge you if you can speak for SADHVI PRAGYA, after taking a look at her files. The same you did for Mr. Dutt whose terror act is condemned by the court.

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  25. Mr. Katju,
    First of all, you should be ashamed that you are a judge of such a judiciary system where laws are being broken every day and no decision is taken by court, case runs for 20-30 yrs and majority of the cases are settled out of court. Salman Khan's case is going for 10 yrs, he killed 1 man and injured four others, how long will it take to get the decision ?
    Second, If you think Sanjay Dutt has suffered, you are wrong. I say, he enjoyed a lot. Imagine the same thing would have happened to an ordinary man, he would be in jain for 20 yrs without bail or anything. While this guy is doing films, roaming around world and making money.
    Third, statements like "Now he improved and has family with kids." are stupid statements. you can do the same arguements for half of the criminals in jail.
    Your views on Narendra Modi are found to be foolish, immature and stupid. Look at a man what he achieved in yr 10 yrs career and look at yr self what did you achieve ? Narendra Modi changed the whole state and mentality of the people there. What did you do to at least improve or expedite the judiciary system ?

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  26. It is only and only because of his celebrity status all this hue and cry. He has not suffered during these twenty years, in fact he got married not once but twice, he left abroad in pursuit of his job of acting in movies, he behaved well because the sword of Democles was hanging on his head, he was definitely not of impressionable age as claimed by his other sympathisers, he very well knew the consequences. If he undergoes the diluted imprisonment, there is every likelihood he will come out a changed man,but if you, other celebrities and politicians (I am sure they have an axe to grind) use your influence (including but not limited to money power) you will end up doing more harm to him than any good. He will continue to be complacent and dare to indulge in his erratic and "impressionable" behaviour and at that time the punishment will be harsh and no one can come to his rescue. All this nonsensical argument of Munnabhai etc are foolish, they are all fiction and credit for the success of such movies goes to the thinkers, the producers and directors and hardly anything can be attributed to Sanjay Dutt, if you still feel of these movies in his favour then what about those umpteen movies where he portrayed villanious rules - measured by those yardsticks he should have got tougher sentence. You are cry foul even before he has entered jail - we feel pity for India.

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  27. After reading Mr. Katju's letter and your criticisms, dear fellow commentators, I have come to the conclusion that there is truth on both sides. Justice Katju is right that 99% of Indians are stupid. And you are right that he is within top 1% of that 99%. Peace is every step.

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  28. To prove repeated( twice in 8 days,non-recovery circumstantially proves use in blasts) acceptance of hand granades and ammunition after listening that Anees Ibrahim Kaskar (friend of jewellery designer daughter,due to whom she didn't allegedly marry,owning 3 Cr flat even when father not alive )brother of Dawood sent explosives for bomb blasts,checking by opening bag by Bugum Kazi in presence of confessional statement of A-40 Hanif Kandawala,A-139-then absconder Abu Salem,A-119 Begum Zaibunnisa Kazi,A-117 Sanjay Dutt, all corroborating


    Dear Mr Justice,
    Mostrespectfully ,let me quote page 40-41 of Judgment in appeal by A-117 no 1060 of 2007-
    Quote"Confessional Statement of Manzoor Ahmed Sayyed
    Ahmed (A-89)
    Confessional statement of A-89 under Section 15 of
    TADA was duly recorded on 24.05.1993 (11:15 hrs.) and
    26.05.1993 (17:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193)
    the then DCP, Zone III, Bombay. The said confession reveals
    as under:
    i) A-89 was a good friend of Abu Salem.
    ii) He owns a Maruti 1000 bearing No. MP 23 B-9264.
    iii) On 22/23rd January, 1993, A-89 met A-139. A-139 gave
    the keys of his car to A-41 who kept a black bag of
    weapons in it.
    iv) A-139 and A-89 then went to the first floor of 22 Mount
    Mary, Vidhyanchal Apts. They gave the bag to an oldlady, viz., Zaibunisa Anwar Kazi (A-119) and told her
    that the arms were for the purpose of causing riots, and
    were sent by Anees Ibrahim - brother of Dawood
    Ibrahim.
    v) A-119 looked at the contents of the bag and then kept
    it at her residence.
    vi) After 8 days, A-139 called A-89 again and together with
    A-40, they went to the residence of A-117 where he
    gave them a blue rexin bag and a carton.
    vii) Abu Salem and A-89 then went to the house of A-119
    and gave the carton and the bag to her. Abu Salem
    told A-119 to keep those weapons safely as they were
    to be used for orchestrating bomb blasts..."unquote
    May kindly like to peruse for curative petition soas to pray for life imprisonment to Begum Kazi and also investigating role of her daughter living beyond means due to popularly alleged friendship with the prime conspirator Annes Bhai brother of Dawood Bhai..,

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  30. Interesting points made by Mr. Katju. I will not call you Justice, because you have relinquished that honor with your recent exploits. Before this, you were not an ordinary citizen. The recommendation or appeal of a former supreme court judge carries a lot of importance. Hence you were in a position of power, but you were not responsible enough to use it wisely. Let me explain why. Pain and suffering can't be measured in kilogram or meters or any other units, what you call as pain and suffering, may not be considered enough by the families who lost their near and dear ones. It is completely subjective. Yes Sanjay was not involved in the blasts, but he was responsible for withholding information on his ties with the terrorists. I need not tell you what punishment is reserved for people who conceal information in a crime. The courts in their wisdom decided that he deserved 5 years of punishment. Nobody asked him to cut short his sentence, he could have spent 5 years completed his quota of punishment and today would have been a free man. By choosing to get out after 1.5 years, he brought this on himself. So the 'pain and suffering' that he may have endured in the lap of luxury and pretty women is his own doing, not the courts. It doesn't matter if he suffered according to you, because he was not supposed to be out early in the first place.
    The men who raped the Delhi girl, one of them was 16 years old. I am sure in the jails they all have endured mental and physical pain and humiliation. Is that suffering less than Sanjay Dutt's? How do you compare the two? How do you decide when to ask for a pardon? Why don't you give the 16 year old rapist a chance, and see if he leads an honorable life after this? I am sure he is a lot wiser than he was in the bus. The law is established for a particular reason, so that the courts can decide who needs what level of punishment at a particular time. Your recent comments belie your lack of understanding of why there should be a law in society.

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  31. Ref inappropriate appeal for Pardon dtd 28/3/13,by Retd Justice Katju ignoring ammunition including 25 hand granades thrown on poors in Machhimar Jhoparpatti being recd by Sanjay Dutt(33 then and educated in best schools thus exposed to law reading regularly newspapers) in full active discussion as per enclosed confessions in
    Dear Mr President/Mr Prime Minister/Mr Home Minister
    Mostrespectfully ,I have to bring on record that 2 fit cases of life imprisonment has been benevolently turned into few years of detention by Hon'ble Supreme Court.In full knowledge of handgranades recorded as under by SC ,Justice Katju is belittling SC by saying Self-defence when Dutts already had 3 licences of weapons.
    Begum Kaji receives ammunitions twice in 8 days,after checking the bag,both times being told that they will be used in Bombay blasts.Retracted statement when taken under TADA act with due procedure giving 48 hrs of time is still admissible.Justice Katju misleading President and PM by writing "a Prohibited weapon"while Sanjay Dutt kept handgranades which were later barbarically thown on SCHEDULED CASTES of Machhimar colony.If educated men of 34 years could not understand 25 handgranades brought by gangsters to Mumbai and accepts those on phone call by Annes Ibrahim Kaskar,brother of Dawwod,only J Katju can recommend him pardon to become political executive soon.
    In case of Bugum Zaibunissa Anwar Kazi,who received handgranades etc with due checking by her twice in 8 days with full declaration of purpose of use in Bombay blasts,Life sentence is a fit case and CBI must be advised to file Curative petition for greater punishment to her.
    J Katju is doing OB van politics like Arvind Kejriwal by taking only cases which will bring him media attention.Letters of mine citing relevant confessions recorded in SC Judgments is chosen to be ignored by J Katju.Which is similarly unfortunate as he rushed to appeal to Governor ,who does not have powers in Arms Act.Now writing to President and to feign his ignorance of law sending copies to PM and HM and not to Governor.On lighter note,J Katju is danger to employment of similar politician practicing appeasement like Digvijay Singh.
    Letters written to J Katju follow with the request to dismiss him from salaried post for misleading President and PM by selective citations and causing instability in state by belittling SC sitting in salaried position and hurting sentiments of majority community thus demanding the impossible to cause rift between 2 communities.
    high regards,
    Navien Maxwell
    28/3/13

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  32. respected Justice (retd) Katju,

    Please give your mail ID, I wish to share information on other pressing legal issues, which a person of your presence and calibre can certainly take up.

    regards

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  33. http://tehelka.com/how-the-star-escaped-tada/
    257 people were reduced to a heap of mangled limbs and charred torsos.
    AUTHORS :ASHISH KHETAN
    HARINDER BAWEJA
    2007-03-24 ,

    Maria told Sanjay to tell his father the truth, and Sanjay conceded that he had been in possession of an assault rifle and some ammunition that he had got from Anees Ibrahim. Sunil Dutt wanted to know the reason why. He was not prepared for the answer: “Because I have Muslim blood in my veins. I could not bear what was happening in the city.” A crestfallen Sunil Dutt left the police headquarters. It was a moment almost worse than the shock of the previous day.

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  34. Dear Justice Katju,

    In taking a highly unpopular but just stand, you have knowingly stood up for what you think is right and demonstrated how to be principled and true to yourself. This rare quality is highly admirable.

    Ayone who has spent a decent time on the Internet knows its best to ignore the comments and not waste one's life in rebuttal. It's a pointless exercise. Everyone and his uncle knows better than Justice Katju and I am surprised how you could ever be made a justice despite being biased, lacking the basics of jurisprudence and blatantly ignoring the sea of evidence out there in the media. The Indian government should empanel all these experts, set up kangaroo courts and quickly bring down the backlog.

    I never comment but wanted to let you know that you also have a lot many admirers, supporters and well wishers and the world is not just filled with narrow minded, uncouth, and uncivilized people.

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  35. Bassanio: Every offence is not a hate at first.
    Shylock: What! wouldst thou have a serpent sting thee twice...

    An answer to your much popularised Shylock Portia above...Donot point a single phrase from a Play to justify your acts and cover it up on the ground of past deeds. Huge number of eariler verdicts has put lot of people under the same circumstances as Sanjay Dutt...where were you ? You are not born yesterday that today you say Sanjay Dutt case and justifying this with other cases.

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  36. You deserve this:
    https://www.facebook.com/fakingnews/posts/444642815616811

    Not because you're wrong, but because you are right. And giving such a valuable thing as "being right" to those 90% idiots to mock, to degrade, to defile, to spit on...it's one inexcusable crime you're committing Sir. Just leave them to rot. Let them drift slowly in their idiotic stupor to the precipice and let them stare into the abyss. That's the only way to cure them. Let them burn, as this phoenix of a country, of this world needs to, so that it can rise from the ashes fresh, rejuvenated and beautiful again. That's the best you can do if you mean to do any good. Just retract and enjoy your retirement in isolation and peace.

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  37. We have launched a petition to request President Obama to reconsider US Administration’s stand on Mr. Narendra Modi, the Chief Minister of the State of Gujarat, India.
    Please visit MODI360.COM to review and sign this petition.

    ReplyDelete