Click to play videoMumbai: At the end of the day, it wasn’t a typically Bollywood-style fairytale climax for film industry’s ‘enfant terrible’ Sanjay Dutt.
While the 47-year-old actor was acquitted of all terror charges in the 1993 Mumbai blasts case by the special court, he was charged under the milder, though punishable Arms Act for illegal possession of arms and ammunition.
But what certainly came as huge relief for Munnabhai was Justice P D Kode’s declaration that the actor was not a terrorist and that his interim bail shall continue till December 19, following which he will have to surrender.
Dutt’s lawyers may now file an appeal in the higher court.
Hence, the verdict seems to be a fifty-fifty deal for the star whose successful onscreen fling with Gandhigiri made him an icon for many to reckon with.
So is this verdict the best that Sanjay Dutt could have hoped for? That was the big subject of debate on CNN-IBN show Face the Nation with Rajdeep Sardesai. On the discussion panel was the then Police commissioner of Mumbai M N Singh - who had slapped TADA on Sanjay Dutt, Editor of Aapla Mahanagar, Nikhil Wagle and Sanjay Dutt's lawyer Satish Maneshinde.
A slap on the face of Mumbai Police
The Mumbai police had arrested Sanjay Dutt specifically under TADA in the belief that he was a terrorist involved in the conspiracy of 1993 Mumbai bomb blasts. Isn’t this verdict a slap on the face for the police?
“How do you say that it’s a slap in the face of the police? He has been convicted and found guilty under the Arms Act. My understanding of the law goes that if a man is found guilty of possessing certain types of weapons in a notified area, he ought to be declared guilty under Section 5 of the TADA Act,” said former police commissioner M N Singh.
So is there still a case in TADA that can be made out against Sanjay Dutt?
“Of course there is. This is for the CBI to decide whether they want to go in for an appeal or not” said Singh.
Responding to Singh, Dutt’s lawyer Satish Maneshinde said, “I respect the findings of the court and not the opinions of a police officer or an ex-police officer. They (the police) went ‘tom-toming’ that Sanjay Dutt is a terrorist. They said Dutt’s family is connected with terrorism. The court’s findings are really a very tight slap in the face of the investigators who made the case and false allegations against Sanjay Dutt. Particularly when there is a finding that he is not convicted under the TADA.”
But there has been another serious finding. He has been declared guilty under the Arms Act for possessing and acquiring weapons illegally, and that too from people like Abu Salem, Anees Ibrahim no less.
“That is not the main charge that was levied by the police. Whatever allegations have been made and has been found correct by the court, we will have a look at it and if necessary, we will take further step,” said Maneshinde.
Editor and journalist Nikhil Wagle who has been making a point about Dutt’s arrest under TADA not being the right way of proceedings said the possibility of somebody having ulterior motives to conspire against Dutt couldn’t be ruled out.
“I think Mumbai police and CBI must answer some unpleasant questions. Why did they clamp TADA on Sanjay Dutt when there was not enough evidence against him? Why did they make him a part of the entire conspiracy? His acquittal is clearly a slap in the face of the police and the CBI,” Wagle said.
Perhaps there is much that the police will have to answer after Dutt’s acquittal by the TADA court. Why did the Mumbai police bring Dutt into the ambit of the wider conspiracy, instead of proceeding investigations under the Arms Act from day one?
Has Mumbai police misused TADA?
“Even the advisory board set up by the Central Government as well as the state government had come to a finding that Sanjay Dutt and the four other accused who had no connection with any gang or terrorist act should have been tried under the Arms act. Why were those findings not followed?” asked Dutt’s lawyer Satish Maneshinde.
“This is the case in which 80 per cent of the charge-sheeted accused have been convicted so far. Perhaps few more will be convicted in the days to come. I don’t think there has been any case in the history of criminal justice anywhere in the world where such a large number of people have been charge-sheeted and an equally large number have been convicted. I am convinced that that the sections were correctly applied and Dutt has been tried on basis of enough evidences,” said Singh.
But what led the police into believing Dutt was connected with the wider conspiracy?
“Section 33 of the TADA Act and Section 3 of the POTA clearly says that whosoever is guilty of a terrorist crime is punishable under these sections. Possession of weapons of this type (as found in the custody of Dutt in 1993) in a notified area is punishable under Section 5 of the TADA Act,” said Singh.
“For considerations other than law and investigations, Sunil Dutt when he was alive, his family and son were targeted at and the police machinery misused to this end,” alleged Maneshinde.
The politicians of the day in Maharashtra misuse the police machinery to target Sanjay Dutt to get at his father. That is a very serious accusation he made.
“A large number of people did it and I do not want to name them now. We will name them once everything comes out,” said Maneshinde.
Responding to the allegations Singh said, “I think this whole case has been viewed from an emotional angle. People have been talking about all kinds of emotional things about Dutt drumming up support for him through the media and Bollywood films. I do not want to discuss that matter here. Though I am not unhappy that he has been acquitted but let me tell you there has not been any political interference at any stage.”
“This case has been tried by the TADA court, the judgement is out and there is not a single observation against the police machinery and their investigation. How can anybody blame the police for this?” asked Singh.
“Let not the emotional point of view get meddle with legal matters,” Singh concluded.
Did Munnabhai image build an emotional approach towards Dutt?
Some of the reactions after this verdict have been somewhat euphoric, almost sentimental.
The fact that Dutt is a popular film star with the famous image of Munnabhai, the general perception about him has been sentimental.
Nevertheless the fact is that he did commit a crime, for which he has been held guilty.
“He has possessed illegal arms which is indeed a serious crime. But more serious charge of TADA and his participation in criminal conspiracy has been invalidated,” said Wagle.
So is that enough therefore to excuse Sanjay Dutt completely. Or have we overlooked the fact that he allegedly shared links with the notorious names in the underworld.
“Sanjay Dutt had relationship with Anees Ibrahim. He said in his confession that he did go to Dawood Ibrahim’s party. Abu Salem frequently visited his house. Dutt will have to explain his links with the underworld,” said Wagle.
Dutt’s lawyer Maneshinde refused to comment on the subject of Dutt’s alleged links with the underworld. He said, “Whatever explanation we had to give, we have given that in the court. And on the basis of the evidences led by the prosecution, the judge found that the evidence against Dutt has not been sufficient enough to connect him to any terrorist act.”
But was M N Singh not aware from Day one that there was a unique distinction in the Sanjay Dutt case. The star was foolish enough to take arms from Anees Ibrahim and Abu Salem, befriend the underworld but neither was he a terrorist, nor did he know anything about the wider conspiracy.
“Police has to go according to the law. A police officer cannot act like a judge. You have to place all the facts before the court to decide. If somebody has picked up certain dangerous type of weapons in a notified area and the TADA law says it is punishable under Section 5, you have no option but to prosecute the suspect,” said Singh.
“I do not want to repeat the entire story again. But let me tell you that there was enough evidence against Sanjay Dutt that proved he was in direct contact with the underworld. He made over seven telephone calls to Anees Ibrahim in a single day,” alleged Singh.
“How the case was presented in the court, I can’t comment on that. But we had enough evidence against him that we did present in the court,” said Singh.
However Dutt’s lawyer Maneshinde refuted claims saying that there has not been even single evidence produced by the prosecution that could support Dutt had been in touch with underworld Dons Dawood and Anees Ibrahim.
He said, “All that they produced was that a telephone call had been made from the Dutt bungalow to a number in Dubai. They could not prove that the number belong to Anees Ibrahim, neither could they prove that Sanjay Dutt or anybody in his family had made that call.”
However as per Dutt’s confession, Dutt knew Dawood Ibrahim and had access to him. “According to his own confessions, he (Dutt) asked for the weapons and the weapons were delivered to him by the accomplice of Anees Ibrahim. What more evidence do you want?” said M N Singh.
But having access with the underworld and being a terrorist are two completely different things. Does relations with the underworld make Sanjay Dutt a terrorist?
“If you go by that typical definition or the image of a terrorist, like the one set by Lashkar-e-Toiba, nobody would be convicted a terrorist. But under the TADA Act he could have been a terrorist. There are people who have been convicted today under TADA for keeping weapons in their house. I do not want to comment on these aspects of the judgement though,” said Singh.
“We can blame Sanjay Dutt for foolishness and bad company but we cannot call him a terrorist. Mumbai police’s clamping TADA on Dutt was done perhaps under political pressure.” said Wagle alleging that there has been a lobby acting against Sanjay Dutt.
Refuting claims Singh said, “No one has ever pressurised any move against Sanjay Dutt. Police has got nothing to do with the politics. It is unfair to make such remarks”.
Is Dutt repentant of his deeds or is it an occasion to celebrate?
“There is nothing to celebrate. After December 19, if the judge sends him to jail announcing five-year imprisonment, what will be his fate,” Maneshinde said adding that the stigma of being attached the tag of a terrorist has been cleared off Dutt and which is a great feat for him and a sigh of relief for his family.
“The CBI and the Mumbai police must apologise to Dutt for cornering him in this case,” suggested Wagle.
“The Mumbai police has done a fantastic job and it does not need to apologise for anything. We are proud with the stunning results. 86 per cent of those held have been convicted in this case. It’s a historical feat in itself,” said Singh.
Results: Is this verdict the best that Sanjay Dutt could have hoped for?
Ninety-three per cent of the people nationwide said ‘yes’ while only seven per cent of them said no.
However there still lies a long battle ahead of Sanjay Dutt as he fights his stance for being convicted under the Arms Act.
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