If Sanjay Dutt can get four weeks off, why can’t others?

Discussion in 'Politics & Society' started by parijataka, Apr 17, 2013.

  1. parijataka

    parijataka Senior Member Senior Member

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    Special treatment for the rich and the powerful in this country (nothing new about that now!). Sanjay Dutt gets 4 weeks to start his sentence while similar request by Zaibunnisa Kazi, aged 70 and suffering from cancer, and Kersi Bapuji Adjania, aged 83, get truned down by Supreme Court.

    If Sanjay Dutt can get four weeks off, why can’t others?

    Leading male superstars of the Hindi film industry change anything that they don’t like about the movies they choose to act in. If they don’t like the actress (or female actor, as the actresses like to call themselves these days) who is starring opposite them, they can change the actress.

    Or if they are having an affair with an upcoming actress on the sly, they can promote her and get her a role in the movie by getting the writers to introduce an extra character in the storyline.

    If they don’t like the storyline of the movie, they can ask the writers and the director to rework it. Items numbers, songs, comic tracks, action sequences and just about anything that the male superstar demands is added to the movie. Even the end of a movie can be changed, if the superstar is not happy with the end that has been shot or narrated to him.

    The Hindi film industry in a very euphemistic way uses the term “suggestions” in reference to all the meddling around by the leading male superstars.

    Nevertheless this ability of male superstars to get almost anything that they don’t like changed is limited to “reel life” and not “real life”. Not unless if you are Sanjay Dutt.

    The actor was supposed to surrender on 18 April, 2013, to undergo his remaining jail sentence of 42 months, for having held onto illegal weapons under the Arms Act. But he had urged the Supreme Court to allow him to finishing shooting of seven films starring him. This he said would take him at least 196 days (that is around six and a half months). He also told the court that Rs 278 crore had been invested in these films.

    The Supreme Court granted Dutt an extension on “humanitarian grounds”. “Considering the peculiar facts and circumstances of the case and reasons stated in the petition, we are not inclined to extend the time by six months. However, we extend the time by four weeks from tomorrow. It is made clear that no further extension will be granted,” a bench comprising justices P Sathasivam and B S Chauhan, commented.

    This is rather ironical because yesterday the Supreme Court(a different bench) refused to extend the time to surrender in case of Zaibunissa Kazi and four other individuals. These are Kersi Bapuji Adjania, Yusuf Khan, Ranjit Kumar Singh and Altaf Ali Sayed.

    Dutt was arrested in 1993, for acquiring three AK-56s rifles, nine magazines, 450 cartridges and over 20 hand grenades. Some of these weapons were later stored at the home of a woman called Zaibunissa Kazi, whose request to extend the time to surrender was refused by the Supreme Court yesterday. The weapons that were stored with Kazi included two of the three AK-56s rifles that Dutt had got. Kazi was convicted under the Terrorist and Disruptive Activities (Prevention) Act (or what we better know as TADA). She is now seventy and is suffering from cancer.

    The one AK-56 rifle that was left with Dutt was melted at the foundry of Kersi Bapuji Adjania. Adjania is now 83. As per his son “He is over 82 years old, partially deaf and has serious coronary problems. His movement is restricted.”

    If Sanjay Dutt can get an extension of one month to surrender why haven’t Adjania and Kazi been given the same as well? Is it because they are not celebrities who don’t have Rs 278 crore riding on them? Like Dutt does. Or the fact that they don’t have the Press Council Chairman and ex Supreme Court judge, Justice Marakandey Katju, batting for them?

    In fact the argument that Dutt has Rs 278 crore riding on him and thus deserves an extension does not work at all. In a month’s time he won’t be able to finish all the seven movies anway. Despite that the bigger question is how can losses being faced by a few Hindi film producers come in the way of justice.

    In fact, when these producers signed on Dutt to star in their movies they should have been fully aware of the risk that they were taking on. Dutt has been out on a bail for a while now, and a bail can be cancelled at any point of time. When a bail’s cancelled, the individual has to go back to jail. This is a factor that should have been a part of their calculation. If they chose to ignore it, that’s their problem, not the problem of the Republic of India.

    But his producers continue to remain an unhappy lot. “He is thankful, but he is still under pressure as to how he can finish six months of work in a month,” Rahul Aggarwal, the producer of the upcoming Dutt starrer Policegiri told Reuters. Well, the producers will simply have to wait for Dutt to come out of jail and then complete their movies with him. This was a risk that they took on and are now paying for it.

    In fact, some producers have now come around to the idea of waiting for Dutt. Rajkumar Hirani and Vidhu Vinod Chopra, who were supposed to start the third installment of the Munna Bhai series with Dutt, said in a statement recently: “Just two days back Sanjay called and said, ‘It’s tough to be in prison but I’m ready to go there because when I come back, I will experience freedom in its true sense. I will be rid of this monkey who has been sitting on my back for the last 20 years and scaring me’. When I walk out of prison, I want to walk straight onto the sets of Munna Bhai.” Dutt is lucky that there are people who are ready to wait for him for three and a half years.

    In school this writer was made to by-heart the Preamble to the Constitution of India for the tenth standard exams. A part of the Preamble goes like this:

    WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

    JUSTICE, social, economic and political;
    LIBERTY, of thought, expression, belief, faith and worship;
    EQUALITY of status and of opportunity;

    The preamble might vouch for justice and equality but it does help if you happen to be a Sanjay Dutt. To conclude, in life it is important to remember what George Orwell once wrote in the Animal Farm: “All animals are equal, but some animals are more equal than others.” Sanjay Dutt is one such unequal animal, who now seems to be above the law of the land.

    Vivek Kaul is a writer. He tweets @kaul_vivek
     
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  3. SLASH

    SLASH Senior Member Senior Member

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    Special grants are given from case to case. The SC gives decisions on case to case basis. The other two need to have a strong enough reason for delaying their sentence. They need to justify why they need a break. If I take a day off from work if I am sick that doesn't mean everyone else in the office calls the day off.
     
  4. sayareakd

    sayareakd Moderator Moderator

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    With greatest respect to Hon'ble SC question is does criminals be given such liberties ? What example does this case going to set example for future criminals to follow?

    Legal maxim says that Justice should not only be done, but people should see that it is done.
     
  5. sayareakd

    sayareakd Moderator Moderator

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    Having financial committments and unfinished films on floor is good enough reason then every criminal will say due to financial reason they need some more time.

    Please understand criminals have to pay for their crime. Only then it will send correct massage to society and criminals. Btw he already got lots of favourable things like TADA was not charged on him, santance was reduce. At the end of the day he is still criminal who has no justification for getting lethal illegal weapons from terrorists.
     
  6. natarajan

    natarajan Senior Member Senior Member

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    Now if it was bjp in power ,all media would have put headlines
    like minority is suppressed and coated hindutva color on it but conki in power all medias closing all their openings
     
  7. sayareakd

    sayareakd Moderator Moderator

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    when the matter is in Court why the hell you want to make it political ?
     
  8. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    He was probably made to pay enough court fees for such grant. These things happen on case basis & not everyone gets to read the copy of court judgement and the strings attached.
     
  9. tramp

    tramp Senior Member Senior Member

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    I hang my head in shame. Here is a person who violated the law, apparently knew about the nefarious plot to blow people up and by extension shares the blame for hundreds of deaths (as he failed to inform the authorities in advance), when found the tide was turning tried to destroy evidence, had enough clout so that the investigators diluted the charges, all through kept his shameless contacts with the underworld characters holed up in an enemy country years after he got caught and pretended to be innocent all the while.... and gets more time to finish his work.
    If at all anybody deserved compassion, it was the elderly Zaibunnisa who might never survive the prison ordeal.
     
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  10. SLASH

    SLASH Senior Member Senior Member

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    Nobody in this case deserves compassion or sympathy. The guilty should be punished and no mercy should be given. If Zaibunnisa's family had to option of accepting the verdict of the lower courts and finish their sentence.

    In this case Sanjay Dutt has been given an extension of 1 month. He has not be given pardon. He will finish all his work and serve his sentence.
     
  11. Blackwater

    Blackwater Veteran Member Veteran Member

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    becoz there are 10000 of people who''s bread and butter are affected if he gets jails or remain outside for 4 weeks.

    where as other has only 1 family behind to look after
     
    Last edited: Apr 18, 2013
  12. tramp

    tramp Senior Member Senior Member

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    Come on .. we know what women's independence in a household, especially a Muslim household, in India is like. The charge against her is that she kept the guns sent by Dutt in her house. And she is charged under TADA while Dutt is charged under Arms Act... if it isn't a case of high connections what else?
    I still believe the court should have taken a lenient view towards Ziabunnisa Kazi taking all these into consideration.
    And CBI officials who colluded should be prosecuted.
     
  13. Ray

    Ray The Chairman Defence Professionals Moderator

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    I have not understood the logic of the Supreme Court Judges in giving extension to Sanjay Dutt while not to the others.

    Logically, there seems to be no rationale, but then who knows the loopholes in the law and its interpretation. Only the lawyers would know and anyway as the saying goes - Law is an Ass.

    The reasoning that there are many films to finish and 'crores are riding his shoulders' and that 250 film workers would be left high and dry if he goes into jail, to my mind, is a puerile argument logically.

    As someone said, Dutt is a mediocre actor and not top of the line like Salman Khan on whose shoulders 'crores and more crores would be riding'. I am sure he he is jailed for the cases against him, the film industry itself may be in a state of collapse and one wonders how many thousands film workers will suffer. And as this person said, Salman should thus never be jailed till the end of his life!

    All those punished by the SC are guilty and the punishment is valid and should be enforced with alacrity.

    However, the other interesting issue that has come to light and which the Judges questioned the CBI on when the latter demanded that no extension should be given to Dutt, was that why did not CBI not appeal when the TADA court acquitted Dutt and allowed his prosecution under the Arms Act.

    Now this is weird to say the least. A chap who solicits weapons from dubious characters involved in the Mumabi Bomb Blast, then destroys some after keeping them in custody is charged under Arms Act, while an old woman, Kazi, who had no clue of what was left in her house (which turned out to be weapons) is booked under TADA!

    Now, how did this happen that Dutt, who was active in getting the weapons from those who engineered the blast is booked only under Arms Act and not TADA, while a woman, who merely allowed storage of a package without knowing its content (though that does not absolve her from guilt) is booked under TADA and not Arms Act?

    The idea that there are two sets of law - one for the rich, powerful and connected and another law for the unlettered, ignorant and the unwashed of India seems to be getting credence, if one goes by what one hear around the place!

    Lawyer Dave was ballistics and aggreived on TV yesterday, while Majid Memon was at his pathetic best defending what appeared logically flawed.

    To be fair, the Judges are believed to have said that it was not a Modification of the sentence, but merely giving extension!

    Notwithstanding, the rationale for this extension is surely most mysteriously curious, if one goes by logic as is understood beyond the pale of the gobbledygook of law!
     
    Last edited: Apr 18, 2013
  14. Ray

    Ray The Chairman Defence Professionals Moderator

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    That may have happened, but here is a case that should be discussed on the merits as it has unfolded.

    We can't speculate that if Aunty had gonads then she would be called Uncle.

    The present situation is that Aunty does not have gonads!
     
  15. SLASH

    SLASH Senior Member Senior Member

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    I am pretty sure the SC had taken all this into consideration. Even trying her under TADA she got the same sentence as Sanjay Dutt. That is equality at the end. The CBI had tried to water down Sanjay Dutt's case but SC in its wisdom still showed parity and sentenced everyone for 5 years.

    Anyways latest news about the case.

    1993 Mumbai blasts: SC grants 4 weeks extension in surrender deadline to 3 convicts - The Times of India
     
  16. Ray

    Ray The Chairman Defence Professionals Moderator

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    There is a lot of difference in the gravity of the crime of soliciting for weapons from the underground elements involved in terrorist action and taking custody of such weapons and the crime of keeping a parcel given by underground elements involved in terrorist action and not knowing the content.

    Therefore, by not appealing against the TADA acquittal, the wheels of justice has not been met.

    As far as the latest news that others too have got 4 weeks extension is merely a face saver and not any great legal wisdom unfolding as a inspiration from Heaven!

    I wonder if the same magnanimity will be shown for all people convicted in India who seek mercy of the court for extensions of the date when they will be jailed.

    If that is done, then it would be fair.

    Logically speaking, that is!
     
    Last edited: Apr 18, 2013
  17. shom

    shom Regular Member

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    It simply depends on the case and facts given to the Judge. It is not every time that rich people get liberties. Please dont criticize the judiciary unnecessarily. The press and media has no idea regarding the Judicial proceedings. Judgement is not an easy thing to do mate. A judgment is not given keeping in mind what others would say. It is always given keeping in mind justice. If any criminal have a legal bet of more than 100 crores on him then he can be given such exemptions. Also the nature of crime is low.
     
  18. GPM

    GPM Tihar Jail Banned

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    Bhai mere, hathi ke dant come in two sets. They too will get relief. They too are muslims, plus old ones. Lots of human rights crowd will pick up their briefs.
     
  19. natarajan

    natarajan Senior Member Senior Member

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    so why this thread and what you are doing here
     
  20. sayareakd

    sayareakd Moderator Moderator

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    dont get you

    What i am saying that keep the discussion to the court case and not to include politics as Judges are not influenced by politicians.
     

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