Katju pitches for pardon for Sanjay Dutt

March 22, 2013
katjuNew Delhi, Mar 22: Following the upholding of the sentencing of film star Sanjay Dutt to five years imprisonment by the Supreme Court in 1993 Mumbai blasts case, Press Council of India chief Justice Markandey Katju has appealed to Maharashtra Governor K Sankarnarayanan to pardon the actor.

In a statement issued here, Katju sought pardon for Dutt under Article 161 of the Constitution saying that he had not been found guilty of having played a role in the 1993 blasts and had suffered a lot.

Katju said the Supreme Court, having found that Sanjay Dutt had in his possession a prohibited weapon without a licence, awarded him the minimum imprisonment which was prescribed under law.

"Section  25 (1(A) of the Arms Act states that if a person has in his possession a prohibited weapon without a licence, he shall be awarded punishment of not less than 5 years imprisonment and not more than 10 years," Katju said.

He added the power of pardon under Article 161 by the Constitution is different from judicial power as the Governor or the President can grant pardon or reduce the sentence of the court even if a minimum is prescribed.

"Hence, there is no doubt that the Governor can grant pardon/reduce the sentence. For example, in the case of Commander Nanavati who was held guilty of murder, the Governor gave him pardon although the minimum sentence for murder is life sentence," Katju said.

He said the Supreme Court had not found Dutt guilty for the 1993 bomb blasts but only found him guilty of having in his possession a prohibited weapon without licence.

"Surely, this is a lesser offence than murder. When the Governor of Maharashtra granted pardon to Nanavati, surely he can grant pardon to Sanjay," Katju said.

He added though Dutt had committed an offence there are extenuating circumstances like that the event happened 20 years ago."During this period, Sanjay suffered a lot and had a cloud hovering over his head throughout.

He had to undergo various tribulations and indignities during this period. He had to go to court often, he had to take the permission of the court for foreign shootings, he could not get bank loans, etc," Katju said.

The PCI chairperson said Dutt had already undergone 18 months in jail. He added the actor had got married and they have two small children.

"He has not been held to be a terrorist and had no hand in the bomb blasts. His parents Sunil Dutt and Nargis worked for the good of society and the nation. Sunil Dutt and Nargis often went to border areas to give moral support to our brave jawans and did other social work for society," Katju said.

Katju further added that Dutt in this period of 20 years has through his films revived the memory of Mahatma Gandhi and the message of Gandhiji, the Father of the Nation, an apparent reference to "Gandhigiri" in Munnabhai films.

"In these circumstances, I respectfully appeal to your Excellency to pardon Sanjay Dutt and set him free," Katju said in his letter to the Maharashtra Governor and referred to the speech of Portia in Shakespeare’s ‘Merchant of Venice’ that justice should be tempered with mercy.

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Agencies
January 16,2020

New Delhi, Jan 16: The Arvind Kejriwal-led Delhi government on Thursday rejected the mercy plea of Mukesh, one of the convicts in the 2012 Nirbhaya case.

The mercy plea was then forwarded to Lieutenant Governor, who has now sent it to Union Ministry of Home Affairs.

The convicts were sentenced to death for raping a 23-year-old woman in a moving bus in the national capital on the intervening night of December 16-17, 2012.

The victim, who was later given the name Nirbhaya, had succumbed to injuries at a hospital in Singapore where she had been airlifted for medical treatment.

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News Network
June 11,2020

New Delhi, Jun 11: Rajasthan chief minister Ashok Gehlot has obliquely hinted that the opposition Bharatiya Janata Party (BJP) is pulling out all stops to destabilise the Congress-led government by luring some of the ruling party’s members of the legislative assembly (MLAs) with Rs 25 crore each.

He alleged that the BJP’s plan is similar to that of toppling the erstwhile Kamal Nath-led government in Madhya Pradesh (MP) and some of his party lawmakers have been offered Rs 10 crore each in advance of the promised sum of Rs 25 crore.

The CM made these allegations while speaking to media persons late on Wednesday night, when the Congress took its 107 party MLAs and 13 independent lawmakers to a resort located on the outskirts of Jaipur for a meeting ahead of the upcoming Rajya Sabha polls for three seats from the desert state slated to be held on June 19.

The 120 MLAs will be shifted to the resort on Thursday.

“Our MLAs are intelligent, alert, and united. Rajasthan is the only state in the country, where 13 independent MLAs supported our government for neither exchange of any money nor post. However, the condition on which our MLAs left the party for the BJP in MP is not good,” Gehlot said.

Rajasthan government’s chief whip Mahesh Joshi in a complaint to the director-general, anti-corruption bureau (ACB), has alleged attempts to poach Congress MLAs and the independent lawmakers, who are supporting the Gehlot-led government.

“Attempts are being made to destabilise the government in Rajasthan on the lines of Karnataka and MP,” Joshi alleged.

Gehlot said that he would hold another round of meeting with the 107 Congress and 13 independent MLAs on Thursday.

The CM also targeted Prime Minister Narendra Modi, alleging that the Upper House elections were postponed under pressure because the BJP could not poach an adequate number of MLAs in Rajasthan and Gujarat.

He blamed the saffron party for its lack of faith in democracy, as it has ensured the resignation of eight Congress MLAs in Gujarat since March, including three earlier this week.

Mukesh Pareek, BJP’s state spokesperson, refuted the allegations levelled by CM Gehlot against his party and asked the ruling Congress to give evidence of alleged poaching of its and independent lawmakers.

‘The Congress has failed to manage its own house. There is growing resentment in the party’s rank and file over its failed national leadership,” Pareek alleged.

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News Network
January 27,2020

Jaipur, Jan 27: Senior Congress leader Shashi Tharoor said that if the Citizenship Amendment Act leads to the implementation of the NPR and the NRC, it would be a complete victory for Pakistan's founding father, Muhammad Ali Jinnah.

He said that Jinnah's idea of a country was already winning in India with the contentious Citizenship Amendment Act (CAA) coming into effect, but asserted that there was still a choice available.

"I would not say Jinnah has completely won, but I would say Jinnah is winning. There is still a choice available to the nation between Jinnah's idea of a country and Gandhiji's idea of a country," he said on the sidelines of the Jaipur Literature Festival on Sunday.

The CAA came into force in India in December amid protests across the country and around the world.

The MP from Thiruvananthapuram said that the amended Citizenship Act took Jinnah's logic by declaring that religion shall be the basis of nationhood, reaffirming that Gandhi's idea is that all religions are equal .

"The CAA is, if you are talking Tennis, you would say one set up or big first set lead for Jinnah. But the next step would be if the CAA would lead to the National Population Register (NPR) and the National Register of Citizens (NRC). If that happens, then you would consider that Jinnah's victory is complete," he said.

The CAA seeks to grant citizenship to migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to India from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.

On the BJP's defence that the NPR was carried out during the UPA regime, Tharoor said that the Congress government had utilised a decision of the NDA government led by former prime minister Atal Bihari Vajpayee.

"It never asked where were your parents born. It never authorised the enumerators to note on the margin 'dubious citizenship', a term used in the NPR rules crafted by this government. That is purely BJP's invention," he said.

If we go around this country authorising people to interview all the citizens, or identify some who have 'dubious citizenship', you can be pretty sure which Indians are going to be found on the 'dubious citizenship', he said.

"That will principally be one community that is not mentioned in the CAA. And if that happens, then it is indeed Jinnah's victory.

"From wherever he is, he can point to this place and say, 'see I was right in the 1940. We are separate nations and Muslims deserved their own country because Hindus cannot be just'," Tharoor said.

Speaking about the Delhi election, the three-time MP said that the maximum development in the national capital happened under the Congress government.

"What Sheila Dikshit did in her 15 years as Chief Minister of Delhi, no other leader could do it before or after her," he said.

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