Did Sanjay Dutt really deserve six yrs RI?

New Delhi: The sentencing of actor Sanjay Dutt to six years imprisonment in the 1993 Mumbai bombings on Tuesday brings to an end one of the world's longest terror trials during which 12 people were sent to the gallows and 20 got life imprisonment.

As proceedings began, Dutt sat with co-accused Russi Mulla and Kesri Adjenia and he seemed nervous awaiting Judge P D Kode's pronouncement. And when the judge announced the sentence, a shocked Dutt fought back tears and asked for some more time to surrender.

Did Dutt really deserve a six years rigorous imprisonment? CNN-IBN correspondent Ruksh Chaterjee put these questions to a panel of experts comprising Dutt’s lawyer, Satish Maneshinde, senior criminal lawyer, Ashish Bhagat and special public prosecutor, Ujjwal Nikam.

Will Sanjay Dutt Get Out of This Mess?

Satish Maneshinde explained as to what the sentence means for Dutt and whether he would be able to get out of the mess that he had landed himself in.

"An appeal against the order of the TADA Court always lies before the Supreme Court. Sanjay is convicted under the Arms Act and he has to appeal in front of the Supreme Court. We will present our case to the Supreme Court after the papers are ready. We will make our submissions when we get our hearings," he said.

Maneshinde further said that the legal team handling Dutt’s case would remain the same, but if need be, then they would add senior lawyers in the team in order to fight for Dutt’s case.

Ashish Bhagat -- who had not been able to examine the case on his own -- spelt out the provisions that could help Dutt get out of the jail term under the Arms Act.

"Under Section 27 and 29, possession of weapons, which is primarily contrary to Section 5 of the Arms Act entails an imprisonment of five to 10 years. So the options are limited for Dutt. He has to go to the Supreme Court and prove that hhis conduct is good. That and the fact that the case lasted for 14 long years, will be factors that will go a long way in favour of Dutt,” Bhagat said.

However, when did Maneshinde plan to put the appeal through?

Maneshinde affirmed that even if the proceedings had already begun, it could get time until Dutt got bail. According to him, Dutt had also assured him to keep his calm and be strong.

Maneshinde said that Dutt undergoing many trials and tribulations in his life, including being in jail, losing his parents and wife and being in a drug rehabilitation centre had only helped him emerge stronger.

However, Maneshinde felt that SC would take kindly to the fact that Sanjay Dutt's case does not come under terrorism and that there have been no instances linking him to any conceived terrorist activity. He feels that the Dutt could have been given, if not better, similar treatment as that of his co-accused.

Maneshinde also clarified that Sanjay was never a 'kingpin' - who had controlled them through his actions. "He has simply made a mistake. However, I feel that a decision like this, coming from a senior Judge, should be accepted with all the humility,” he added.

Momentous Verdict

Public Prosecutor, Ujjwal Nikam - who followed the trial for the last 14 years - said that it was a momentous occasion for him, because he had been striving hard to ensure the accused got their due measure of punishment.

"I wasn’t apprehensive about Sanjay Dutt's sentence at all. Since he was being tried under Arms Act, I was optimistic that he would be given a due sentence. Six years imprisonment is a reasonable sentence," he said.

However, Maneshinde said that the entire team which had fought Dutt’s case felt that he had been given a harsh punishment. He said that even the public was on Sanjay Dutt's side.

Supreme Test in Supreme Court

Ujjwal Nikam said that he too would appeal in the Supreme Court after Sanjay Dutt filed an appeal.

"Let me see the procedure of the entire judgement. I think that Dutt should have been held guilty under Section 5 of the TADA Act for a weapon found in his possession is a notified area. So, I will appeal the prosecution of the Supreme Court to hold him guilty under Section 5,” said Nikam.

Nikam confirmed that the battle would continue in the Supreme Court also.

Meanwhile, Maneshinde said that he was only concerned about the welfare of Dutt as his client and he wasn’t bothered about how the prosecution would go. He said that his team would try their best to work in Dutt’s defense.

Film Fraternity Shocked

CNN-IBN Entertainment Editor, Rajeev Masand spoke to actors Shatrughan Sinha and Rohit Roy who are close to Sanjay Dutt and asked them whether they felt that the verdict was fair.

"Being close to the family and Sanjay, I felt very sad for him and his sisters Priya and Namrata. But since I hold the judicial system in very high esteem, I welcome the verdict. We have no right to question the verdict announced by the Judge, which in my belief was right," Shatrughan Sinha said.

He however, hopes that the Supreme Court would be more linient with him, saying that it was a solace that a competent and efficient lawyer like Satish Maneshinde was fighting for Dutt.

Rohit Roy added his two bits saying, "When I heard the verdict, for a moment my heart stopped beating and I can speak for all his friends and family because this is something we were not expecting at all. He should have been given probation. The verdict has been too harsh on him. We are all very sad and upset that he is not a free man."

“I am a working with Mr Dutt on a film called Alibaug and speaking for the cast and crew I can say that no one has even thought of what will happen if the film does not release. Everyone is only concerned about him right now,” said Roy.

He added that there was no way the actor's image would take a beating in view of the verdict.

"On the contrary, I feel that the entire country knows what Sanjay Dutt is all about. People will actually feel that he is being victimised. Whatever happens, he will always be much appreciated. I have heard from so many people such good things about him," he said.

The long drawn out trial has finally ended, the verdict is out. Now the question remains whether justice will also be meted out to those who committed grievous crimes in the 1992 December riots in Mumbai.

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