Sanjay Dutt to file review petition at Supreme Court
Sanjay Dutt |
The Delhi based legal team of actor Sanjay Dutt is all set
to file its review petition to the Supreme Court within the coming one or two
days. This petition is against the judgment handed down by the court on March
21st this year.
A case was filed against Dutt stating that he had in his
possession an automatic rifle, an AK-56 in a notified area during the infamous
Mumbai blasts on March 12, 1993. Action was taken against him under the TADA
(Terrorist and disruptive activities prevention Act) as well as the Arms Act. The
charges against him under the TADA Act were dismissed, but he was held guilty
under the Arms Act. He had appealed against this decision. On March 21 of this
year, Supreme Court upheld his conviction under the Arms Act and has imposed a
five year sentence on him.
The legal team of Dutt contends that since the charges
under TADA were dismissed, they cannot be treated as the main evidence of
offense committed under another act – in this case the Arms Act. The TADA
court had imposed a sentence of six years on the actor under the Arms Act.
According to Dutt’s lawyers, the petition aims at pointing out "a binding
decision of the SC based on an apparent error in a judgment."
The Supreme Court in its final judgment upheld the verdict
though the term of imprisonment was reduced to five years. The judgment was
handed down on March 21 and Dutt was given 30 days to surrender or file a plea.
The new plea submits that the judgment given by a three
judge bench in the Rajiv Gandhi killer case must be reviewed. According to this
judgment, confessions given under TADA will be valid elsewhere. The 1993 blast
case against Dutt relies heavily on this judgment. If the new review petition
gets considered, this judgment will have to be reconsidered.
Dutt has already served a sentence of eighteen months. If
the sentence holds, he will have to serve for another three and a half years.
In case the plea is dismissed, a curative petition can
then be filed in order to ensure that proper justice is carried out.
The latest film under Dutt’s production banner is all set
to release on April 12 – barely days before his deadline to surrender ends.
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