Two days back I received an email from Shagufta, daughter of Zaibunnisa, who was a co-accused in the bomb blast case, and was convicted under section 3(3) and 6 of TADA and sentenced by the Supreme Court to 5 years imprisonment. Shagufta requested that I should appeal for pardon for her mother too, just as I had done for Sanjay Dutt.
I do not make appeals for pardon lightly,without carefully studying all the relevant material and without being satisfied that the case deserves pardon. That is why it took me two days studying the case of Zaibunnisa, and now I have come to the firm conclusion that she deserves pardon, for which I will be soon issuing an appeal to the President of India/Governor of Maharashtra.
My reasons are twofold :
(1) Zaibunnisa is a 70 year old widow with various ailments. She had a kidney operation some time back, and has to be screened every 6 months. She can hardly walk. I do not think she will survive for long in jail.
(2) Even on merits I am of the opinion that she deserves pardon. Paragraph 125 of the Supreme Court judgment states that she is not guilty of the main charge of conspiracy. The only charge on which she has been convicted is taking into possession some prohibited weapons. The only evidence in support of this charge is the retracted confession of co-accused Manzoor Ahmed Sayed. It was not disputed that no recovery of any weapon was made from her house.
In my respectful opinion she should at least have been given the benefit of doubt. In these circumstances I have decided to appeal to the President of India as well as the Governor of Maharashtra (since there is a controversy who is the appropriate authority) to pardon Zaibunnisa and Sanjay Dutt.
Some people have said that many others will also appeal for pardon. My reply is that I am willing to consider every case which is brought to my notice, but I will make an appeal only if after carefully studying the relevant material I am satisfied that the case deserves pardon. And I make no distinction between a celebrity and non celebrity
Long live justice..! Let the truth triumph..!! Jai ho..!!!
ReplyDeletequotes from SC judgment dtd 21/3/13 about Begum Zaibunnisa Quazi,(whose daughter expressing no remorse but trying to bring disrepute to SC by giving partially correct statements in media about SC judgment by questioning well considered RI without recovery and without confession and retracted confession of co-accused,which SC already considered) from SC judgment.May pl like to verify and kindly accordingly like to consider to stop making mockery of SC which has given u present status and request to seek review of judgment in view of availability of A-89 then absconding(now A-117)Abu Salem who escorted Manzoor Ahmed to Begum Quazi's house saying Anees Kaskar Ibrahim sent the bag whose contents Begum Quazi checked in their presence and since Begum Quazi received in the name of Dawood's brother Anees, likely chances of life sentence for her must be explored by corroborating with statement of Abu Salem,now available as also checking call details of Begum Quazi and her daughter to establish her relations with Dawood or/and his brother Anees.By opportunism,J Katju willl become political executive but country paying price for your apparent OB Van politics.Daughter says Salem was coming to Begum Quazi's houseas property dealer .She should be asked that hpw many property deals Salem has managed or even tried for Begum Quazi's family.Repeat offence is taken very seriously in law,in fact.
ReplyDelete(Reason 1) quote"(121) Upon perusal of the aforesaid confession, it is clear that
the appellant was in conscious possession of arms and
13Page 140
ammunitions and explosives in a notified area of Bombay,
and was also aware about the purpose for which they were
to be used, that is, to cause riots in Bombay."unquote
(Reason 2) 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 3) 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, act committed by her will clearly fall within the
four corners of Section 3(3) of TADA. Similarly, her act of
keeping such a material in the house, even after knowing
the purpose for which the same were brought to India
clearly reveals that by the same she was aiding and
abetting the terrorists by contravening the provisions of
the Arms Act. As such she will be required to be held guilty
for commission of offence under Section 6 of TADA.
35) As a result of the aforesaid discussion, Point No. 163
to 166 and so also relevant points framed for offence"unquote
(Reason 4) 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 5) 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
Thanks God ..You were not the SC judge when Ajamal kasab and Afzal guru got the punishment .Yes, please pardon everyone. Open doors of all the jails. Close all police stations, jails, courts and let everyone commit crime. If someone is caught doing something wrong, please pardon them. I suggest Mr. Markandey Katju be tried for disregarding supreme court justice.
ReplyDeleteyou fall in the same 90%category of indians whom justice katju mentioned a few months back.
DeleteThat his perception . i think same about him . Nation should come first. cheap gimmick and publicity stunt for personal political gain is very selfish.
DeleteKatju is a nut, an old man with no senses and only seeking cheap publicity. He needs to be always in news, thats why he writes or talks of sensational cases. Good he has retired. I dont know how he got to supreme court. may eb like what abhishek singhvi did :)
DeleteEven bigger nuts are the media. Inviting this nut to debates every day.
Delete@dnsh
Idiotic way of escaping logic by calling others idiots.
Satyamev Jayate.
ReplyDeleteMR.RANJAN EVER U HAVE SEEN COURT ROOOM,JAIL ,PRISON FROM INSIDE? IF NOT PLZ SEEE..............EVER IF U HAVE SEEN INTERIORS OF THIS COUNTRY..........U SEEEE ONLY INDIA ......NOT BHARAT ........JUSTICE KATJU IS SHOWING REAL 90% BHARAT......IF U WANT I CAN DEBATE WITH U ANY TIME.......
ReplyDeleteJustice Katju,
ReplyDeleteWhy should you not seek pardon for Memon who has been awarded death penalty?
Regards,
Vijay Kaul
Sir, two of my cases one in which I by mistake killed a man sleeping on the street and another in which I shot a black buck are pending. Please draft a petition for my pardon. The reasons are as follows:
ReplyDelete- The cases are more than 10 year old and by the time of final SC judgment it will be 20 years.
- Black buck is only an animal and there are lot of them. At worst, it is a small offence which I committed in young age. I have suffered enough.
- The man should have been sleeping in a house. Pavement is not a place to sleep.
- The SUV driven by me had a latent defect for which I cannot be held responsible.
- banks are not giving me loans for Dabangg 3 and Katrina broke up with me over this issue. This is huge mental torture.
Thanks in advance
Salman Khan
good one, salman, u surely deserve pardon. once our judge is free from serving our politicians, he will take up your pardon case.
DeleteJustice Katju sir if you are really in top 1% of the 99% stupid people in India then rebut my following argument:
Deletechota bachcha jaan ke na koyi aankh dikhaana re
tupi tupi taap taap, tupi tupi taap taap
akal ka kachcha samajhake na hamako samajhana re
tupi tupi taap taap, tupi tupi taap taap
bholi surat jaan ke hamase na takraana re
tupi tupi taap taap, tupi tupi taap taap
na dhin dhinna na dhin dhinna naach nacha denge
ik din deke do athaniya maa boli ja le aa dhaniya - (2)
paise deke dukaandaar se main bola baabu de do dhaniya
bada taraaju lekar usane rakh diya usamein thoda sa dhaniya
maine bola babu baniya, kaagaj bech rahein ya dhaniya
kaagaj rakho baaju mein, dhaniyein ko rakho taraaju mein
sun meri baat woh raha na kaabu mein, kya bola
bola tujhako bataau main, main bhi kahaan kam tha
maine bhi keh diya bachche thakata hai, shor machaau main
usake baad huwa kya yeh bhi batalaana re
tupi tupi taap taap, tupi tupi taap taap
usake baad -2 toh usaka jaise mar gaya naana re
bich bajariya gaaya maine jab yeh gaana re
chota bachcha jaan ke na koyi aankh dikhaana re
tupi tupi taap taap, tupi tupi taap taap
akal ka kachcha samajhake na hamako samajhana re
tupi tupi taap taap, tupi tupi taap taap
Justice Katju sir if you are really in top 1% of the 99% stupid people in India then rebut my following argument:
Deletechota bachcha jaan ke na koyi aankh dikhaana re
tupi tupi taap taap, tupi tupi taap taap
akal ka kachcha samajhake na hamako samajhana re
tupi tupi taap taap, tupi tupi taap taap
bholi surat jaan ke hamase na takraana re
tupi tupi taap taap, tupi tupi taap taap
na dhin dhinna na dhin dhinna naach nacha denge
ik din deke do athaniya maa boli ja le aa dhaniya - (2)
paise deke dukaandaar se main bola baabu de do dhaniya
bada taraaju lekar usane rakh diya usamein thoda sa dhaniya
maine bola babu baniya, kaagaj bech rahein ya dhaniya
kaagaj rakho baaju mein, dhaniyein ko rakho taraaju mein
sun meri baat woh raha na kaabu mein, kya bola
bola tujhako bataau main, main bhi kahaan kam tha
maine bhi keh diya bachche thakata hai, shor machaau main
usake baad huwa kya yeh bhi batalaana re
tupi tupi taap taap, tupi tupi taap taap
usake baad -2 toh usaka jaise mar gaya naana re
bich bajariya gaaya maine jab yeh gaana re
chota bachcha jaan ke na koyi aankh dikhaana re
tupi tupi taap taap, tupi tupi taap taap
akal ka kachcha samajhake na hamako samajhana re
tupi tupi taap taap, tupi tupi taap taap
Sir, two of my cases one in which I by mistake killed a man sleeping on the street and another in which I shot a black buck are pending. Please draft a petition for my pardon. The reasons are as follows:
ReplyDelete- The cases are more than 10 year old and by the time of final SC judgment it will be 20 years.
- Black buck is only an animal and there are lot of them. At worst, it is a small offence which I committed in young age. I have suffered enough.
- The man should have been sleeping in a house. Pavement is not a place to sleep.
- The SUV driven by me had a latent defect for which I cannot be held responsible.
- banks are not giving me loans for Dabangg 3 and Katrina broke up with me over this issue. This is huge mental torture.
Thanks in advance
Salman Khan
This comment has been removed by the author.
ReplyDeleteYou are criminally insane Mr Katju.Only in a, mediocre, sick and a perverted country like our India, can such creatures acquire the high positions that they do! No wonder the rest of the world treats us with the contempt we deserve!
ReplyDeleteSanjay dutt deserves huge applaud. He upheld Hindu principles in true sense. He understood that one SHOULD not escape punishment for own sins. It is misfortune of this country. A convict knows Dharma better than Guardians of Justice. SD gave a slap on the publicity mongers in the name of pardon. I pray this slap awakens them to reality.
ReplyDeleteI heard Mr KAtju's debate in TIMES NOW with Mr Swami where in he says "I Know Law better than any one else and more than Swami " Which shows how a person like Katju's can stoop to such a level to get his views thrust on other in a debate...He should first meet Mr V.R Krishnaiyer and learn modesty and humbleness...! HE is getting better than Digvijay Singh these days...!!
ReplyDeleteसच्चाई यह है कि न्यायिक व्यवस्था और प्रणाली से जुड़ा हर व्यक्ति, चाहे वह मामूली क्लर्क ही क्यों न हो, स्वयं को भीड़ से अलग एकदम खास समझता है । श्री काटजू तो सर्वोच्च न्यायालय के प्रधान न्यायाधीश रह चुके हैं अत: उनका यह व्यवहार हमें कतई अचंभित नहीं करता । उनके लिये मोडेस्टी और हंबलनेस जैसे शब्द कोई मायने नहीं रखते ।
DeleteThis comment has been removed by the author.
ReplyDeleteMr. Katju
ReplyDeleteYou are one of the dirtiest persons I have ever heard about. You are uncouth. My friends say that you are stupid. But you may not be that. You are actually one of those who like to subvert justice and I think that must have been the express reason that you became a judge. You are terribly conceited as came out from your utterances on a TV debate. You are egotist, an egomaniac. For you 99% indians are stupid. Well I am one of those 99% and feel thankful that I do not belong to your 1%.
Dear Mr Katju,
ReplyDeleteThere are many innocents languishing in indian jails, as they could not afford to fight for long and many for for their ignorance or innocence or bad luck. Why dont you fight for them, rather than fighting for someone who himself wants to serve the punishment, as he knows he is guilty. You can start one NGO to help such innocents, if you really believe in what you re claiming to be.
Dear sir
ReplyDeleteWhy the proper route as enumerated under sec.432, 433 and 433A of the criminal procedure code is adopted for getting commutation of sentence for sanjay and others. As sanjay himself has said that there are several other convicts who are in real need of pardon. Will it not be proper that the appropriate govt move the session court for its opinion with detailed chart of all deserving convicts depicting period actually served in jail, behaviour inside the jail, conduct outside the jail if he/she has been on bail. Then the govt may implement the opinion of the session court which in the eyes of public will command more respect rather than short circuiting the whole process and approach governor for pardon on selective basis.
Sir,
ReplyDeleteAfter reading your profile in Wikipedia, I was impressed that you come from such a distinguished family and have served the judiciary for so many years; and now you are serving the country as the Chief of the Press Council of India.
Granted that you've earned a right to speak in the media about matters concerning the dispense of justice, but don't you think you're falling in the same trap of showing benevolence where you should be upholding the reputation of the highest court of our country of which you also were a part?
Just as "trial by media" is looked down upon by the government, speaking against the judgement of the Supreme Court is an attempt to weaken its reputation in the eyes of the public by speaking directly to the media. In fact, this brings disrepute to the entire judiciary process of which you, of all the people, are well aware.
To the rest of India, your opinions have carried weight. But by carelessly, and for reasons best known to you, mouthing quick comments about events that evoke no sympathy for convicts in the public eye; you are showing us that an air of elitism has entered your brain... and although you may not feel responsible for what you utter now as a "retired judge" and chalk it up to personal freedom of speech, it sadly throws your lot squarely with the rest of us 90% that you so disdainfully described as "stupid." If this continues, your march into oblivion will not be noticed. For your sake, and for the sake of our country, I hope and pray that saner heads prevail.
Sincerely,
OneVoiceIndia
Pune, Maharashtra
Dear Katju ji,
ReplyDeleteIn your previous blog you convicted Narendra Modi-ji for 2002 riots even though there is no proof, no court has held him criminal.
SIT monitored by SC has given him a clean-chit, due to a decade of witch-hunt against Modi-ji people have a wrong image of Modi-ji. Unfortunately you also accused him, that is not fair on your part.
Going by your own ideology, please post a news article or a blog to pardon Modi-ji and ask other people also to pardon him.
Why I think Modi-ji should be pardoned by secular media and ex-congress people like yourself -
1. He is not held guilty by any law in India
2. He has suffered a lot in these 10 years, he couldn't go to US/Europe
3. His carrier went down and he had to work hard to revive it
4. He spread message of shri Vivekananda and shri Vallabh Bhai Patel
5. There are lot of eminent lawyers, cricketers, film stars, business men who support him
6. His way of repenting is a bit different, you can observe that there is not a single incident of communal violence after 2002, even though Gujarat always was a communally sensitive state.
sir, one of the justice of your panel in S.C. said that with increase in age crime does not decrease.my 83 yrs old grandmother,suffering from cancer and treated with a severe cancer operation on 14 sept.2001 and other ailments was not given any relief who was indirectly involved in a personal case under 498A and 304B but this 70 yrs old lady zabunissa kazi who was involved in a national level case of destruction along with sanjay dutt is offered with pardon even after being sentenced to jail for 5 yrs by the S.C. under TADA act who according to you cannot live for long which was similarly applicable for my grandmother.is not that inequality and against the constitution of India?
ReplyDeleteAGAIN I REPEAT THE SAME THING...............AND TO EVERY ONE ALL ABOVE AUTHORS...WHY U THINK THAT U R NOT EQUAL TO A CELEBRITY...EVERYONE CAN FILE APPEAL FOR PARDON OF ACUSED IN SOCIAL INTEREST IF HE OR SHE REALLLY WANT TO SERVE FOR SOCIETY......IT IS VERY CORRECT THAT 90% OF INDIANS ACUTUALLY DON''NT EVEN KNOW THERE CONSITUTIONAL RIGHTS........PEOPLE LIKE JUSTICE KATJU ARE HEPLING PEOPLE TO KNOW THERE CONSITUTIONAL RIGHTS........SEE THE WHOLE PICTURE NEUTRALLY..MY FELLOW COUNTRY MEN....SEEE BHARAT.....ALSO NOT ONLY INDIA...........
ReplyDelete1. First give up your own illusion that you are some intellectual (of 10% greats) and can understand rights and rules.
Delete2. Everyone is asking what is the social interest in granting pardon to SD or even the other lady. Do you have answer? In what manner SD will serve the society? By amassing more wealth? By producing more kids, as future sympathy earners?
3. Before helping people understand rights ask Katju learn behavior first. He talks rudely in debates even with female panelists. On 27th March on CNN-IBN Rajdeep apologized to one Abha Singh for Katju rude behavior.
THE WHOLE PICTURE--- did you even try to see THE WHOLE PICTURE before asking others? You will not rather you cannot. You understand only Sanjay Dutt and his rights. But not the impact on future cases.
MR.PPR I M READY FOR DEBATE ARE U........THE MY 4TH LINE OF PREVIOUS BLOG SAYS SOCIAL INTEREST NOT ONLY FOR SD BUT EVEN TO SMALLEST VILLAGE PEOPLE WHO EVEN DON''NT HAVE MONEY TO FIGHT THERE CASES.....I M NOT SAYING AND I M NOT SO INTELLLIGENT LIKE U SIR OR MR.JUSTICE KATJU....BUT I WROTE MY VIEWS WITH GROUND ZERO TRUTH......I BELONG TO BHARAT SIDE OF THIS NATION FRM SMALL VILLAGE IN REMOTE CORNERS OF UP.......BUT PLZ IT IS AND IT SHOULD BE FOR A END PEOPLE OF THIS COUNTRY ALSO....WE PEOPLE LIKE U AND JUSTICE KATJU...TO TRAVEL ACROSSS AND HELP THAT END PEOPLE.......I M ON MY STAND I DO NOT SUPPORT SD BUT THE SAME OPNION IN SD CASE MUST SEEN FOR END PEOPLE OF THIS COUNTRY ALSO WHO LIVES ON GROUND ZERO.....COME OUTSIDE OF INDIA.....AND PLZ SEE OUR BHARAT.............JAI HIND...
Deleteये बात अब अच्छी तरह समझ में आती है की क्यूँ सांप्रदायिक, भ्रष्ट और सामंती शक्तियां और उनके अज्ञानी समर्थक जस्टिस काटजू का भरपूर और बात-बेबात पर विरोध करते हैं। ऐसा हमेशा हुआ है, इतिहास गवाह है। कम से कम उन आम देशवासियों को समझना चाहिए की कौन उनके पक्छ में है और कौन उनका इस्तेमाल कर रहा है, क्यूंकि बहुत अफ़सोस होता है जब आम जनता में से कुछ लोग सोशल मीडिया पर जस्टिस काटजू जैसे लोगों के बारे में भद्दी बातें लिखते हैं। देश को जस्टिस काटजू जैसे लोगों की बहुत ज़रुरत है पर ऐसे लोग "विलुप्त होती प्रजाति" के सामान बहुत कम रह गए हैं।
ReplyDeleteRef 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
ReplyDeleteDear 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
I say 100% Indians are stupid and Hon'ble Justice is at the top of the tree among top 1%.
ReplyDelete- An Italian marine
It seems to be your strong supporter of terrorist organization from Pakistan. Because don’t forget this 1993 blast were planned by ISI chief and they took help of Dauood Ibrahim Kaskar. And Sanjay Dutt was close friend of Dauood Ibrahim. They met in Dubai and Sanjay gave his possible help for Mumbai Bomb Blast. These stories were known by every citizen of our country and you don’t know that it is more shocking and unbelievable. You are not only insulting my country but you are insulting Supreme Court and people of this country.
ReplyDeleteIt is shameful that you were the Supreme court Judge. I would like to put question in front of you “why don’t you feel the pain of our countryman’s. Someone who lost their families “.
I lost my village friend in the 1993 Bomb Blast. If anybody kills your family member then only you will feel the real pain.
Please stop all Non- Sense. Country and Patriotism is more important than our law. Why we create law to protect the peoples not criminals.
Vitthal Khot
So now to save Sanjay Dutt, you are pardoning another terrorist. One wrong to support another wrong.
ReplyDeleteFrom your definition Sanjay wasn't a terrorist, but this other lady has been convicted under TADA. Atleast have some shame now !!
So what if she is 70 now, when the crime was committed she was 50 and aware of what she was doing.
Going by your logic, anyone who is 50 can commit any terror activity, coz court cases take decades and nobody should be punished after so many years...
This comment has been removed by the author.
ReplyDelete