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| Dutt asked for permission to speak in the court and went to the witness box with folded hands. "Sir, I made a mistake 14 years ago. Please give me some time to surrender," he said.
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| Judge P D Kode of the special TADA court replied: "Everybody makes mistakes." He said he could not grant more time to Dutt to surrender under the law.
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| Dutt was convicted for the illegal possession of a 9mm pistol and an AK-56 rifle.
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| When Dutt's counsel Satish Maneshinde tried to point out that his client's conduct had been excellent throughout, Kode asked Special Public Prosecutor Ujjwal Nikam for his opinion on this matter.
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| "I appreciate his conduct, but there is a legal restraint that a person sentenced to more than three years in prison cannot be granted an extension of bail," Nikam said.
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| Dutt also asked that he should not be surrounded by police during the adjournment, following which the court directed policemen to maintain some distance from him.
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| On his way out of the court, Dutt shook hands with Nikam and said, "Thank you, sir."
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| Updated at 1330 hrs: Actor Sanjay Dutt was today sentenced to rigorous imprisonment for six years for illegal possession of weapons that were given to him by associates of gangster Dawood Ibrahim ahead of the 1993 serial blasts here.
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| Dutt, who spent 16 months in prison after his arrest in April 1993 and was free on bail, was also fined Rs 25,000 by the special TADA court of Judge P D Kode.
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| The court rejected Dutt's application seeking exemption from a prison term under the Probation of Offenders (POA) Act.
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| The six-year term includes the 16 months Dutt spent in jail.
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| Dutt, who was seated in the back of the court when the sentence was announced, was visibly shocked as the Judge gave the reasoning for his decision not to grant him relief under the POA Act.
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| After pronouncing the sentence, the court cancelled the bail granted to Dutta, and told the police to take him into custody.
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| Dutt was convicted in November last year under the Arms Act for the illegal possession of a 9mm pistol and an AK-56 rifle but was acquitted of more serious terrorism charges under the stringent TADA law.
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| 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.
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| The court observed that Dutt had not merely committed a criminal act but also told three others to commit criminal acts on his behalf.
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| After a court clerk read out the sentence, Dutt was seen chatting with fellow convicts and friends Yusuf Nulwalla and Kersi Adajania.
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| Yusuf Nulwalla has been sentenced to rigorous imprisonment for five years under the Arms Act for aiding Dutt to dispose of an AK-56 rifle.
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| Kersi Adjania was sentenced to rigorous imprisonment for two years and fined Rs 25,000.
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| Sentencing in the 14-year-long 1993 Mumbai serial blasts case ended today with the special TADA court completing the task of sentencing all 100 convicts.
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| 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 exists material which says that the actor has indulged in a criminal act.
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| Dismissing the defence's argument that the weapons were acquired by Dutt for self-defence, Kode said such an acquisition cannot be called "noble", and is contrary to the law and indicates scant respect for the law.
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| "I must say for every citizen, laws of the nation shall be respected. If you don't, I don't expect you to be called a moral person," Kode said.
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| 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.
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| Dutt acquired the weapons to "protect" his family in the aftermath of sectarian violence that erupted in Mumbai following the demolition of the Babri Masjid in late 1992.
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| Kode said the character of the accused is very important while considering if they deserved relief under the POA Act. 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.
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| 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."
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| 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.
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| Dutt, who spent 18 months in jail in two spells during the trial, was convicted under sections 3 and 7 read with section 25(1-A)(1-B) of the Arms Act, for possessing an AK-56 rifle and a 9mm pistol.
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| "During my reasoning I have not found him to be a terrorist," Kode had observed while convicting Dutt last year.
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| The court acquitted Dutt of the charge of conspiracy, saying there was no evidence to show he had any contact with any of the conspirators who carried out the blasts.
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| The court also accepted Dutt's confession that he had taken the weapons in self-defence after the 1993 communal riots and said he was being acquitted under the TADA law as he did not have the intention to commit terror acts.
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| During arguments over Dutt's application under the Probation of Offenders Act, his lawyers sought to prove his good character and, with affidavits filed by four prominent personalities, tried to prove that he had obtained the weapons for the safety of his family, which he felt was under threat due to the communal riots.
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| Among those who filed affidavits endorsing Dutt's character were thespian Dilip Kumar, Vipula Kadri, former Mumbai sheriff Nana Chudasama and anti-drug abuse activist Yusuf Merchant. All four claimed to have known Dutt for years and vouched for his committment to social causes.
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THE LONG TRIAL
Following is the chronology of events in the TADA court trial into serial bomb blasts that ripped through Mumbai on March 12, 1993 killing 257 people and injuring 713.
March 12, 1993: Ten blasts and two incidents of hand-grenade throwing take place in Mumbai
November 4, 1993 : Over 10,000-page long primary chargesheet filed against 189 accused including actor Sanjay Dutt.
November 19, 1993 : The case is handed over to the CBI.
April 1, 1994 : The TADA court shifted from the city sessions and civil court to a separate building inside the premises of the Central Jail at Arthur Road.
April 10, 1995 : 26 accused discharged by the TADA Court and charges framed against the remaining accused. Supreme Court discharges two more accused travel agent Abu Asim Azmi (Samajwadi Party former MP) and Amjed Meher Baux.
April 19, 1995 : Trial in the case commences.
April-June 1995 : Charges framed against the accused.
June 30, 1995 : Two accused, Mohammed Jameel and Usman Jan Khan, turn approvers in the case.
October 14, 1995 : Sanjay Dutt arrested on April 19, 1993, granted bail by the Supreme Court.
March 23, 1996 : Judge J N Patel transfered and elevated as a High Court judge.
March 29, 1995 : P D Kode designated as a special TADA judge.
October 2000 : Examination of 684 prosecution witnesses ends.
March 9-July 18, 2001 : The accused persons' statements recorded.
August 9, 2001 : Prosecution begins arguments in the case.
October 18, 2001 : Prosecution completes arguments
November 9, 2001 : Defence starts arguments
August 22, 2002 : Defence closes arguments
February 20, 2003 : Dawood gang member Ejaz Pathan produced in court.
March 20, 2003 : Mustafa Dossa's remand proceedings and trial separated
September 2003 : Trial ends
June 13, 2006 : Extradited gangster Abu Salem's trial separated.
August 10, 2006 : Judge P D Kode starts dictating the verdict and says the judgement will be pronounced on September 12.
September 12, 2006 : The Court starts delievering the judgement, pronounces four members of the Memon family guilty, acquits three.
November 28, 2006: Actor Sanjay Dutt convicted under Arms Act, bail extended
May 18, 2007: Judge Pramod Kode starts pronouncement of Sentences
Jun 19, 2007: Pronouncement stayed as some convicts Want reference to Supreme Court for Challenging validity of TADA following May 18 observation of SC Judge Markandey Katju in another case
Jun 24, 2007: TADA Judge Pramod Kode falls and fractures His arm, sentencing adjourned further
Jul 16, 2007: Kode rejects application to refer case To Supreme Court
Jul 18, 2007: First of the death sentences awarded
Jul 27, 2007:Memon family sentenced, Yakub gets death
Jul 31, 2007: Sanjay Dutt and two others sentenced for Illegal possesion of arms. Dutt gets six Years RI. Rusi Mulla is freed under POA.
Sentencing in the trial ends. (PTI)
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| Updated at 1300 hrs: Special TADA court said no reports called from probation officer regarding Sanjay Dutt and two others under Probation of Offenders Act.
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| TADA Judge P D Kode said Dutt committed a chain of crime.
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| Rusi Mulla, convicted for aiding actor Sanjay Dutt to destroy an AK-56 rifle, gets the benefit of Probation of Offenders Act. Mulla would be released on payment of a bond of Rs 1 lakh and a surety of the same amount. (PTI) |
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