In Custody

No, it was not a happy-ending as in those Munna-bhai movies. After a dream-judgment of November 28, 2006 in which all charges under TADA against him were dropped, the day of reckoning finally found Sanjay Dutt being awarded six years rigorous imprisonment for illegally possession of an AK-56 rifle and a 9mm pistol. 

Special Judge P D Kode, who sentenced Sanjay Dutt to six years in jail, rejected his application seeking exemption from a prison term under the Probation of Offenders(POA) Act. Dutt, who was seated in the back of the court when the sentence was announced, was visibly shocked as the judge gave theannounced his decision not to grant him relief under the POA. After pronouncing the sentence, the court cancelled the bail granted toDutt. 

Dutt, who had already been convicted under the Arms Act, was immediately taken into custody and sent to Mumbai's Arthur Road Jail where he spent 16 months in two spells after his arrest in the Mumbai blasts case in 1993."Bhaiyya, be strong," called out his sister, MP Priya Dutt, who wasaccompanied by his elder sister Namrata and brothers-in-law Owen Roncon and Kumar Gaurav

This is the the third time that he is being held at the Arthur Jail, this time in Barrack No 10, in a cell in the same building as gangster Abu Salem, who had allegedly supplied him a consignment of weapons and ammunition 14 years ago.

Initially, the court granted Dutt's associate Rusi Mulla benefit under the POA Act but then announced that the actor and two others would not be eligible to get relief under the same law.The court observed that Dutt had not merely committed a criminal act but also told three others to commit criminal acts on his behalf.

Commenting upon affidavits filed by public personalities like actor Dilip Kumar in support of Dutt, Judge Kode said these are of no use if there is material that says the actor has indulged in a criminal act.Dismissing the defence's argument that the weapons were acquired by Dutt for self-defence, Kode said such an acquisition cannot be called 'noble', is contrary to the law and indicates scant respect for the law. "I must say that for every citizen, the laws of the nation shall be respected. If you don't, I don't expect you to be called a moral person," Kode said.

Kode also observed it was an "eminently dangerous act" as the weapon possessed by Dutt was capable of mass destruction though the accused had not used the weapons.Dutt had pleaded that he acquired the weapons to "protect" his family in the aftermath of sectarian violence that erupted in Mumbai following the demolition of the babri mosque in late 1992.

Kode said the character of the accused is very important while considering if they deserved relief under thePOA. He pointed out that apart from possessing the weapons, Dutt was a close acquaintance of Anees Ibrahim and attended a party hosted by Dawood Ibrahim in Dubai.

Regarding the nature of the crime, Kode said generally, crime happens at the hands of any one man but Dutt drew another person to commit a crime which showed "high element of criminality." Kode, however, said the crimes committed by Dutt and his friends Adajania and Nulwalla were not "anti-social, ghastly, inhuman, immoral or pre-planned" and did not cause any harm to the general public. 

'I Am Only Taking Away Six Years'

Dutt told the court that he had felt his sentence would be waived under thePOA. Since this had not happened, he said he wanted time to make certain arrangements before he was sent to jail."You (Kode) are more than family for all of us," he pleaded. However, Kode said it was not a personal matter andthat he was only doing his duty to uphold the law. 

"I have seen you in the last 10 years and exempted you by giving concessions in all matters. You have utilised the time to the best and shot for movies, doing remarkably well in the film line. Don't be sentimental, be calm and quiet," Kodecounselled, calling Dutt "Number 1 in the film line", and adding that he had likedDutt's performances very much and advising him to have faith in himself.

"Sir, I made a mistake 14 years ago. Please give me some time to surrender,"Dutt who turned 48 on Sunday, pleaded with the judge: "I am very tired, sir. I just need your blessings."

"Don't get perturbed for you have many years to go and work like the Mackenna'sGold actor, Gregory Peck," Judge Kode responded during the informal conversation that lasted almost 10minutes. "Act till the age of 100, I have only taken away six years," he added.In an apparent attempt to cheer Dutt, Kode told him that he had seen the actor's performance with his late father Sunil Dutt inMunnabhai MBBS:. "In the film, your father looked much better than you." 

The Trial Ends Finally

The spot-light may have been on Sanjay Dutt, but it was also the day when the curtains came downfinally on the marathon and sometimes dramatic trial of the 1993 serial blasts case with the sentencing of the last of the 100convicts. The trial, which began in 1994 in a high-security makeshift courtroom in Arthur Road Jail, saw 12 people beinggiven death sentences -- the highest in any single criminal case.

Yaqub Memon, a brother of the blasts mastermind Tiger Memon, was among the dozen given capital punishment.20 others were sentenced to life imprisonment by Judge P D Kode, who took over the case from Judge J N Patel in 1996.

A total of 123 people were named as accused in the case and 100 of them were convicted. Of the convicts, 47 were charged with -- among other things -- being party to the conspiracy to carry out the deadly blasts on March 12, 1993 that killed 257 people and injured 713.

Rubina, Suleiman, Yusuf and Essa Memon come out of the TADA court

The CBI, which took over the probe into the attacks 10 months after the blasts rocked the megapolis, had sought the death penalty for 44 conspirators, including three members of the Memon family -- Tiger Memon's brothers Yaqub, Essa and Yusuf. Judge Kode sentenced Essa and Yusuf to life imprisonment in view of their ill-health.

Kode, who has reportedly not missed a single day of work till June this year, when he slipped in his bathroom and fractured his arm, became the only judge to get an insurance cover of Rs 25 lakh in view of the sensitivity of the case. He also enjoys Z-category security cover.

The sentencing of the 100 convicts began on May 18 this year after the court went through a whopping 13,000 pages of oral evidence, 7,000 pages of documentary evidence and 6,700 pages of statements made by the accused. The court also examined 684 witnesses.

A total of 38,070 questions were put to the accused during the recording of their statements. The prosecution also provided evidence to show that RDX was used for the first time in India in the 1993 blasts.

After prolonged arguments, charges were framed against 123 people on April 1995 and examination of witnesses began in June 1995.

These included eye-witnesses to the planting of car and suit-case bombs and recovery of arms and ammunition, special executive magistrates who conducted identification parades, police officers who recorded confessional statements of the accused and investigating officers.

Twenty-seven criminal cases were registered in connection with the blasts in several police stations of Mumbai city and Thane and Raigad districts.