Why actor Sanjay Dutt doesn't deserve a pardon

The arguments defending Sanjay Dutt are flimsy at their best. He was not a kid when he was convicted and he was not the brain behind the Munnabhai films.

Vivek Kaul May 15, 2013 10:47:05 IST
Why actor Sanjay Dutt doesn't deserve a pardon

Subhash Ghai's Khalnayak with Sanjay Dutt in the lead role released on June 15, 1993. This was around two months after Dutt was first arrested on April 19, 1993, for his involvement in the Bombay bomb blasts which happened on March 12, 1993 (Bombay is now Mumbai).

The story goes that Ghai had shot multiple ends for the movie, and after Dutt's arrest he used the one which showed Ballu, the character played by Dutt, in a positive light.

That's the thing with reel life, if the director does not like the end, he can change it. Real life should work a little differently, that's what you and I might think. But it doesn't always work like that. At least, not if you are Sanjay Dutt.
On March 21, 2013, the Supreme Court of India, convicted Dutt for illegal possession of arms and sentenced him to five years in prison.

Between then and now a small cottage industry seems to have evolved which is trying to tell the world that Dutt is innocent and is trying to change the end of a long judicial process which has finally delivered some justice.

This cottage industry includes those working with him in the Hindi film industry. They cannot believe that Sanju Sir, as they like to call him, will have to go to jail. Rakhi Sawant, who is largely famous for what the Hindi film industry refers to as item numbers, has even volunteered to go to jail instead of Dutt.

Why actor Sanjay Dutt doesnt deserve a pardon

Sanjay Dutt at a press conference after he was sentenced. AFP.

“If there is any provision in the law, then I'd like to request the court to send me to jail in place of Sanjay. Not because he is a big actor today, but because he has a family and kids at home to take care of,” she has remarked.

Support has also come in from Marakandey Katju, Chairman of the Press Council of India, who on other occasions has spoken out strongly against media's obsession with celebrities. Katju is also a former judge of Supreme Court. He wants Sanjay Dutt to be pardoned.

He has offered various reasons for the same. In the last twenty years Dutt has suffered a lot. He had to take the permission of the Court for foreign shootings. He has two small children. And to top it Dutt has through his film revived the memory of Mahatma Gandhi and the message of Gandhiji, the father of the nation. Justice Katju in his appeal to grant pardon to Dutt had also said that “his parents Sunil Dutt and Nargis worked for the good of society and the nation".

Congress General Secretary Digvijaya Singh has jumped into the rescue-Sanjay-Dutt bandwagon as well. “Sanjay Dutt is not a criminal, he is not a terrorist. Sanjay Dutt, at a young age, in the atmosphere of that time, thought that perhaps the way Sunil Dutt had been raising his voice against communalism and favoured the minorities, then perhaps he could be attacked. So, as an obvious reaction of a kid to do something, if he has committed a mistake then I feel that he has undergone the punishment for it," Singh said.

Mamata Banerjee, chief minister of West Bengal, who normally goes cholbe na cholbe na against everything, has also come out in support of Dutt. “Today, I fondly remember Sunil Dutt ji. He used to come to my residence whenever he was in Calcutta. If he were alive, he would have no doubt made all efforts to see that Sanjay does not suffer any more. My heart echoes the same sentiments ," the Trinamool Congress chief wrote on Facebook, getting nostalgic.

Let me demolish this arguments one by one. In 1993, Sanjay Dutt was 33, going on 34. He was no kid, as Digvijaya Singh makes him out to be. On the other hand Ajmal Kasab, who was recently hanged to death, was actually a kid, when he carried out the gruesome act that he did.

In the last twenty years Dutt has suffered a lot, feels Katju. But so has everyone else who was accused in the Mumbai bomb blasts case. Yusuf Memon, one of the accused, who will be serving a life sentence, is schizophrenic and the Supreme Court dismissed his plea seeking relief from his conviction and life sentence.

During the last twenty years Dutt managed to marry twice (Rhea Pillai and now Manyata earlier known as Dilnawaz Sheikh ). So much for him suffering. And as far as kids go, if people were pardoned because they had kids, nobody in India would ever go to jail.

The movies Katju is talking about are Munnabhai MBBS and Lageraho Munnabhai. Dutt did not make these movies, he just acted in them. The movies were the vision of director Rajkumar Hirani who also co-wrote them. In fact, Dutt was not even supposed to play the role of Munnabhai in Munnabhai MBBS. The original choice was Shah Rukh Khan, who later declined due to a back injury. So Sanjay Dutt was simply lucky to have first landed and then played the role which made Gandhi fashionable again. And that is no reason to let him go.

Digivijaya Singh in his statement seems to be justifying Sanjay Dutt possessing illegal weapons for self defence. What he forgets is that we are not talking about some desi katta or a revolver here. We are talking about AK-56 rifles. It's worth remembering that the year was 1993 and not 2013. “And AKs were not weapons you almost ever saw outside some militant districts in Punjab and Kashmir,” writes Shekhar Gupta in a column in The Indian Express.

And as far as the nostalgia of Mamata Banerjee goes there are people who might still feel nostalgic about the late Head Constable Ibrahim Kaskar of Mumbai police. As S Hussain Zaidi writes in Dongri to Dubai – Six Decades of the Mumbai Mafia: “In the predominantly Muslim stronghold of Dongri, Ibrahim's baithak was the first place people went to if they had a problem. It was privy to everything-from people discussing their choking lavatory drain to the excitement of the elopement of lovers or cases of police harassment.”

Kaskar's son is Dawood Ibrahim. So should sons committing crimes be let go because there fathers happened to be nice men? Maybe Justice Katju and Mamata Banerjee can give us an answer to that.

In fact, it would be safe to say that Sanjay Dutt was very lucky not be convicted under the the Terrorist and Disruptive Activities (Prevention) Act (or what we better know as TADA). Dutt was arrested in 1993, for acquiring three AK-56s rifles, nine magazines, 450 cartridges and over 20 hand grenades. One doesn't need so many weapons and ammunition for self defence. This despite the fact that Dutt already had three licensed weapons. And when was the last time you heard anyone keeping hand grenades at home for self protection?

Some of these weapons were later stored at the home of a woman called Zaibunissa Kazi. This included two of the three AK-56s rifles that Dutt had got. Kazi was convicted under TADA. Same was the case with Baba Mussa Chauhan and Samir Hingora, who delivered the consignment of arms to Dutt's house. And so was Manzoor Ahmed, whose car was used to ferry the arms out of Dutt's residence.

But the special TADA court did not convict Dutt under TADA. This is very ironical given that those who got the arms to Dutt's house were convicted under TADA. So was the women in whose house the arms were placed, after they were moved from Dutt's house. He had also admitted to being directly in touch with Anees Ibrahim, the main conspirator Dawood Ibrahim's younger brother. Further, CBI did not challenge the TADA court's decision which relieved Dutt of charges under TADA, in the Supreme Court.

In fact Satish Manishinde, Dutt's lawyer later admitted in front of a spy camera in a sting operation carried out by Tehelka that “The moment she (Zaibunissa Kazi) was convicted, I thought Sanjay too would be convicted under TADA .” No wonder Kazi's daughter feels “"I wish I was a celebrity or my mother was a celebrity or a sister of an MP. Even my mother would have got the kind of support Sanjay Dutt is getting. If it is on humanitarian grounds then why only Sanjay Dutt, why not Zaibunisa. Isn't she a human? Isn't she a citizen of this country?”

As a line from the song Yaaram written by Gulzar, from the still to be released Ek Thi Daayan goes “koi khabar aayi na pasand to end badal denge”. Everyone who is trying to appeal for a pardon for Sanjay Dutt is trying to change the end of a long judicial process which has finally delivered some justice.

To conclude, let me say this loudly and emphatically, if Sanjay Dutt is innocent, then I am Amitabh Bachchan.

(Vivek Kaul is a writer. He tweets @kaul_vivek)

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