Lawyer Memon supports Katju’s appeal.
By Neethu M.
NEW DELHI: Actor Sanjay Dutt’s Counsel and senior lawyer Majeed Memon has given his support for the retired Supreme Court Justice and the current Press Council of India Chairman Markandey Katju’s appeal to the Maharashtra governor and the President of India for pardoning Dutt, contrary to many others who have voiced their dissent over Katju’s appeal.
The American Bazaar interviewed Memon. Excerpts of the interview:
You made a comment that Sanjay Dutt was “foolish” for illegally possessing weapons? Do you mean to say that he was naïve?
In fact Dutt had acquired the weapon in January, 1993, when Mumbai was literally burning and there was total lawlessness around. His house and that of Dilip Kumar’s house had literally become rehabilitation centers with Muslim victims of the riots. Dutt ought to have asked his father or some other senior responsible person before acquiring or retaining any weapons for self-defense or any other purpose. That was foolishness on his part. It is an established position that he didn’t take it to use it in the blast. It has been proved in the court.
Should Sanjay Dutt be sentenced to jail under the Arms Act?
He should not be jailed at this stage. Even if he had committed some offence 20 years ago, it’s travesty of justice to make him suffer like this. His crime is not of a serious case as is accused by the court. It is only about the acquisition of weapons. He confessed under TADA, but he is now convicted under Arms Act. The Supreme Court has said that any confessions made under TADA can be used as an evidence for further actions also.
What is your take on the mercy plea of Zaibunnisa? Do you agree that she should also be pardoned?
Her case is much stronger than Sanjay Dutt’s. The pardoning process for her is stronger because she is a woman, senior citizen and an aged lady. She has also been acquitted of the charge of conspiracy in the bomb blasts case which was the main charge. She deserves to be pardoned. She also deserves to be pardoned because of the long lapse of time of 20 years between the date of her alleged crime and the date of her punishment.
A review petition or a plea for a pardon are the two main options open before Sanjay Dutt now. If the review petition fails, what could be his next step?
The option of review petition by Dutt in the present circumstances is almost nil. Because the finding of the Supreme Court cannot be challenged once again. He has only a remedy of constitutional pardon provision under Article 72/161 of the Constitution.
Sanjay Dutt has already undergone psychological pressure after he was convicted under TADA then, and then spent time in jail. Has he been punished enough?
Yes, he does not deserve this kind of a punishment taking into account the gravity of the crime he has committed. In a modern society, reformative theory of punishment takes the first position. Retributive theory or the idea of revenge has become outdated. Any person in a modern Indian society found guilty of a crime is not punished out of vengeance but what is expected is that we should show remorse and reform himself so as to become useful to the society in future.
What is your take on retired Supreme Court Judge, Markandeya Katju’s comment on the issue?
Katju has appealed to the Supreme Court as a senior citizen of India. Article 127 only says that a retired judge cannot appear in the court, but he can surely appeal.