It is quite natural that if your favorite star goes to jail, you cannot agree. One such case in our recent memory could be "Salman Khan's" he might have few more cases pending on his name I am talking about Deer Hunting one ? Now what is the difference between a common man and him? Celebrity v/s non-celebrity? But in the eyes of law he is a citizen, that is the end of it. In a democratic society public opinion guides every move of the elected government. Else it could not continue to remain in the office. Rulers must heed to the popular opinion. And they have no option to label such public sentiments as good/bad or right/wrong.
Did we ever ponder over this question why celebrities especially film stars make good fortune in Politics? Do you think it is because of their good deeds which they do it off the screen? I am not talking about the exceptions anyway. Why Film stars go on to become ministers and Chief Ministers? MGR in TN and Rama Rao in Andhra Pradesh ? Few might argue that they have done some good work, ok then at least let me agree on these two names, yes, they appeared to be doing some good deeds at least publicly even though we have a disputed legacy on many aspects. But how about the huge list of film stars and sportsmen are in this business. Yes. Constitution allows the president to nominate the distinguished citizens to Rajyasabha and most of the time political parties often seek support from leading stars of industry so that their fans would vote en masse for the political party to which their favorite actor/actress extends support.
But when it comes to the eyes of law, she know no such distinction celebrity/no celebrity etc., we must solely go by the offence committed and what the involvement of the accused in said act.
In laymen terms lets de-construct Sanjay Dutt's involvement in the Mumbai Bomb Blast case. Firstly it is clearly established that he is a 'drug addict’, loves 'hunting' animals (hope only animals) and loves to own guns, apparently this is understood to be to hunt animals. At least in the public it is projected as if he is innocent and he was only pursuing his hobbies and another bizarre argument is for self defense he bought AK-56 guns from terrorists. Which is according to many neutral thinkers is a figment of imagination and nothing else.
And his romance with members of D-company - Which is run by Terrorist Dawood Ibrahim is notable and it is established beyond reasonable doubt. Please read the confessional statement by Sanjay Dutt below.
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Confesssional Statement of Sanjay Dutt (A-117)
The confessional statement of A-117 was duly recorded under Section 15 of TADA on 26.04.1993 at 15.30 hrs. (First Part) and on 28.04.1993 at 1600 hrs. (Second Part) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The following extracts from the confession of the appellant are pertinent:
“(i) I am having three valid license for fire arms and possess 3 fire arms as mentioned below:
(a) 270 Rifle of BRUNO make;
(b) 375 Magnum Double barreled Rifle; and
(c) 12 Bore Gun of Double Barrel.
(ii) I purchased these weapons due to my fondness for hunting. I normally go for hunting with one friend of mine, viz., Mr. Yusuf Nullwala as he is an experienced hunter. I also know one friend of Yusuf Nullwala by name Kersi Bapuji Adajenia and met him three times.
(iii) In December, 1991, I had given dates for shooting to actor producer Firoz Khan for his film Yalgar. He had taken the whole unit for shooting in Dubai. During one of the shootings, Firoz Khan introduced me to one Mr. Daud Ibrahim and also to his brother Anees during another shooting session. After that, Anees used to visit us regularly during the shootings and also at the place of our stay. (iv) Since Anees used to come frequently, I become well acquainted with him.
(v) I also know the proprietors of Magnum Video, namely Hanif Kandawala and Samir Hingora. I also signed for acting in one of their film Sanam. Samir is treasurer of Indian Motion Picture Association (IMPA). Hanif and Samir used to come quite frequently to my house for taking dates for shooting from my Secretary.
(vi) Hanif told me that if I so desire, he would make immediate arrangements to provide an automatic fire arm to me for my protection. Initially, I did not show any interest but when Hanif and Samir started repeatedly telling me to acquire a firearm from them, I gradually fell prey to their persistent suggestion and expressed my desire to Hanif and Samir. They said that they would immediately provide me with an automatic fire arm.
(vii) One day, in mid Jan., in the evening, around 9.00 to 9.30 p.m., Hanif and Samir came to my house along with one person by name Salem. I had met this Salem once or twice earlier also.
(viii) Then these 3 fellows told me that they were coming tomorrow morning with the weapons to be delivered to you. Then they went away. (ix) Next day morning Samir, Hanif and Salem all three came to my house along with one other person who is not known to me.
(x) They came in a Maruti Van and parked it in a Tin shed which is used by us for parking our vehicles. One person was sitting inside the Maruti Van. After about 15-20 min., he took out three rifles and they said it is AK-56 rifles.
(xi) I got some cloth from my house and gave it to them. Salem and the person who has come with him wrapped those rifles in the cloth and gave it to me.
(xii) When I opened and saw it, there were three rifles some magazines and rounds, they have told me that there are 250 rounds. The rounds were kept in another hand bag fetched by me.
(xiii) On seeing three rifles, I got scared and told them that I wanted only one weapon. Then Hanif and Salem told me to keep it for the time being and in case it is not required, we will take away the rest of the two weapons.
(xiv) They have also shown me some brown coloured hand-grenades and asked me whether I want that also. I do not want these grenades and you may please leave my house immediately, I told them.
(xv) I kept these rifles and ammunition in the dickey of my Fiat Car No. MMU 4372 and locked it.
(xvi) On the same night, I removed the three rifles and ammunition, kept the same in a handbag which I kept in my private hall which was on the 2nd floor of our bungalow.
(xvii) Two days thereafter, since I had considerable mental tension, I contacted Hanif Kandawala and requested him to take away the weapons. He said that he would arrange to send somebody to collect the same. After two days, Hanif Kandawala and Samir Hingora along with Salem came to my house in the evening in a car. I returned two AK-56 rifles and a part of the ammunition to them but retained one AK-56 rifle and some ammunitions with me.
(xviii) Around Sept. 1992, during one of my shooting at R.K. Studio, one Kayyum, who is a member of Dawood Ibrahim gang, who had also met me in Dubai at the time of shooting of the film Yalgar approached me with a stranger. They offered me a 9 mm pistol with ammunition. When I saw it, I liked it and had a strong desire to purchase the same. They offered it to me for a sum of Rs.40,000/-. I paid the said amount in cash to them at my house and purchased the same. I do not know the name of that person who was brought by Kayyum. However, he was aged about 35-38 years, apparently, Muslim, dark complexion, height about 5’8”, fat built, moustache, medium curly hair, wearing shirt and pant. I will be able to identify him if brought before me. He also handed over 8 rounds of the said pistol.
(xix) On 2nd April, I left for Mauritious for shooting of the film ‘Aatish’. There I was informed by a casual contact that Hanif and Samir have been arrested by the Bombay Police for their complicity in bomb blasts.
(xx) On hearing the news, I got frightened as these fellows had given me the AK-56 rifles and they may tell my name to the police to involve me in the bomb blasts case. I contacted my friend Mr. Yusuf Nullwala on telephone and asked him that something is lying in a black coloured bag which is kept in my hall at the second floor of my house and it should be taken away immediately and destroy the things completely which are there in the bag, otherwise, I shall be in a great trouble. By this time, the news about my possession of AK-56 rifles had appeared in the press and on coming to know about this, my father asked me about the truthfulness of this news, but I denied the same. My anxiety about the whole episode became unbearable and I decided to return to Bombay in between. My father informed my flight details to the Police and I was picked up by police as soon as I landed at Bombay and I confessed the whole things to them.”
19) The abovesaid confession highlighted the crime for which the appellant-Sanjay Dutt has been charged. The following facts emerge from the abovesaid confession:
i) He was already having three licensed firearms. ii) He developed acquaintance with Anees Ibrahim - brother of Dawood Ibrahim during a film-shooting in Dubai.
iii) He expressed his desire to Samir Hingora (A-53) and Hanif Kandawala (A-40) to have an automatic fire-arm.
iv) They came with one Salem with whom Sanjay Dutt was already acquainted with and they assured him of the delivery of weapons the next day in the morning.
v) They came in the morning of 16.01.1993 with one other person and delivered 3 AK-56 Rifles and 250 rounds.
vi) After 2 days, he returned 2 AK-56 and ammunitions but retained 1 AK- 56 and some ammunition.
vii) In April, while he was shooting at Mauritius, he heard the news of the arrest of Samir and Hanif, on which, he got frightened and requested his friend Yusuf Nulwalla to destroy the weapons. 20) The appellant (A-117) not only implicates himself in the above said statement but also amongst others the appellant-Yusuf Nulwalla (A-118). The abovesaid confession has been duly recorded by PW-193 who has proved the compliance with the provisions of law while recording the confession. The abovesaid confession is a substantive piece of evidence and it has been held in a series of judgments that the confession can be the sole basis of conviction, if recorded in accordance with the provisions of TADA. Further, the confessional statement establishes the unauthorized possession of weapons in the notified area of Bombay.
Confessional Statements of co-accused:
21) The confession of the appellant (A-117) is substantiated and corroborated with the confession of other co-accused, namely, Samir Hingora (A-53), Baba @ Ibrahim Musa Chauhan (A-41), Mansoor Ahmed (A-89), Hanif Kandawala (A-40), Yusuf Nulwalla (A-118) and Kersi Bapuji Adajania (A-124) which are as under.
Confessional Statement of Samir Ahmed Hingora (A-53) Confessional statement of A-53 under Section 15 of TADA was recorded on 18.05.1993 (17:00 hrs.) and 20.05.1993 (17:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The said confession reveals as under:
i) He started a Video Library and Mustafa Dossa @ Mustafa Majnoo (A-138) - brother of Mohd. Dossa (AA) was a member of his Video Library and he had 2-3 shops in the same market.
ii) Tiger Memon used to work with Mustafa Dossa and became a friend of A-
53.
iii) A-53 started film distribution and production business by the name of ‘Magnum’ in partnership with Hanif Kandawala (A-40 – since died). iv) Anis Ibrahim (AA) became a member of his Video Library and was referred to by everyone as Anisbhai since he was the brother of Dawood Ibrahim.
v) A-53 received a payment of Rs. 21.90 lacs from Ayub Memon sent through someone on 13.03.1993 (one day after the blasts) as advance for purchasing rights of films.
vi) A-53 had visited Dubai and met Anis Ibrahim many times and sold the rights of many films to M/s Kings Video, managed by Anis. Anis also controls Al-Mansoor Video Company through Chota Rajan. vii) On 15.01.1993, A-41 and A-139 met A-53 at his office. Anis Ibrahim called him from Dubai and said that A-41 and A-139 are his men and they have some weapons which have to be delivered to A-117 at his residence.
viii) A-53 and A-139 went to Sanjay Dutt’s (A-117) house where he hugged Abu Salem and asked him about the weapons. A-117 then told A-139 to bring the weapons next day at 7 am.
ix) On 16.01.1993, A-53 led A-139 and A-41 to the house of Sanjay Dutt. A-139 and A-41 were in a blue maruti van while A-53 was in his own car.
x) At the residence of A-117, A-53 saw that the blue van was containing 9 AK-56 rifles and hand grenades and they gave 3 AK-56 rifles and some magazines to A-117. A-117 also asked for some hand grenades which were put in a black bag by A-139.
xi) A-139 kept the rifles in a fiat car belonging to A-117. The hand grenades were kept in the car of A-53 and he left the car at A-117’s residence and took an auto rickshaw.
xii) A-53 collected his car from A-117’s residence after 3 days when he called him and said that grenades have been taken out.
arguments of hypocrites who argue for Sanjay Dutt's mercy. Most importantly
it is ludicrous to listen to former Judge Mr. Katju’s argument that he has been spreading Gandhi’s message. Does that mean after violating established laws if a cine star acts in appealing movies, it’s done he could be reprieved. This is certainly a cynical view.
it is ludicrous to listen to former Judge Mr. Katju’s argument that he has been spreading Gandhi’s message. Does that mean after violating established laws if a cine star acts in appealing movies, it’s done he could be reprieved. This is certainly a cynical view.
At the end of the day if there is meaning to this article of Constitution - Equality before law: Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country.
It must be guaranteed that simply because someone has a fan following he can’t be let off by using the state authority. I want to be assured as an Indian, there is no difference between myself and Sanjay Dutt in the eyes of law i.e., when it comes to applying legal provisions. It should not matter if he is a cine star and acted in hit movies and I a citizen who have not abrogated my fundamental duties unlike Sanjay Dutt.
Read the Complete Judgement here - http://indiankanoon.org/doc/51738625/
Read the Complete Judgement here - http://indiankanoon.org/doc/51738625/
Good find and very good opinion
ReplyDeleteThank you Satya.
ReplyDelete