Subsequently, I had tweeted my agreement with the view of retired Justice Katju, Chairman of the Press Council of India, that Sanjay’s case deserves pardon in view of the good service to the community that he and his parents had done in the past. However, I had differed from Justice Katju in respect of the community service. I am of the view that Sanjay could be considered for pardon not for his good service of the past, but for the community service that he promises to do in future in lieu of the imprisonment. His performance has to be closely monitored by someone designated by the governor to ensure that he carries out his solemn commitment. If he violates his commitment, his pardon should be cancelled.
My views have been strongly criticized on the following grounds .Firstly, he has committed a heinous offence by accepting a gift of arms from a person allegedly connected with Mumbai’s mafia. Secondly, if any special consideration is shown to him by virtue of his celebrity status, it would be a violation of the sacred principle of equality before law. Thirdly, there are many others who are languishing in jail despite their good service to the community. When the law has not shown them any special consideration, why should it show a special consideration only to Sanjay.
Sanjay is a confirmed convict under the Arms Act against whom a minimum sentence of five years as provided in the Arms Act has been awarded by the Supreme Court. Taking into consideration the 18 months that Sanjay had already spent in jail during the trial, the court has ordered that he should spend another three and a half years.
I argue for a lenient view in his case on the following grounds: