Sanjay Dutt’s sentencing

Equality before law and the rule of law was reinforced in the public mind when Sanjay Dutt was sentenced to six years rigorous imprisonment. His matter had come on the board of TADA court about six months back and the judge kept adjourning the matter, finally on 31 July the judge pronounced the verdict. From the legal point of view the verdict was quite satisfactory, since the minimum sentence for illegal possession of weapons is 5 years. The judge used his discretion and gave six. After the acquittal of Manu Sharma the son of an industrialist and the acquittal of the Chief Minister of Jharkand, there was a general feeling that the high and mighty always get away and that the law is systematically twisted from time to time to suit those in power. This view was dispelled when Sanjay was sentenced.

The judicial process in our country can be very predictable, as soon as Sanjay Dutt was sentenced to rigorous imprisonment he was immediately released on bail on the grounds that he did not receive a copy of the judgment, till he receives that copy he can remain on bail and after he receives it from TADA court he can apply for regular bail and thereafter the matter regarding his conviction. But explanation can there be for not giving the judgment?? The very fact Judge Kode has sentenced Sanjay implies that after hearing the matter he dictated a judgment, then why is a copy of it not given. It is not possible that the TADA court doesn’t have the printing machinery to take out a copy of the judgment. From the given circumstance it is quite clear that there is some element of manipulation involved with this issue otherwise there is no reasonable explanation for this delay.

Another aspect which must be dealt with is the public reaction to Sanjays sentencing or rather it should be called public sentiment due to its very nature. There are people who are writing blogs, saying that the sentencing is too harsh and “Munnabhai” must be dealt with some compassion and care. Here particularly I would like to quote the lines of a charted accountant who writes Column’s regularly on the website of CNN IBN.

Many will agree that Sanjay Dutt, though had a different image earlier, now, apparently, reflects a complete transformation as a human being. His apparent soft & humble gestures, the hand shakes, his statements in the court, the feeling of guilt, et al. are clearly the reflections of his makeover in the past years. Sanju Baba’s characters in his recent movies Munnabhai MBBS and the sequel Lago Raho Munnabhai carried mind-boggling touching messages which ended up leaving lost lasting & worth following impressions on several minds (I will say at least mine).

Tell me, what we are going to achieve by putting this person behind the bars. We will be seriously wasting 6 years of an amazing talent, which can be put to better use of spreading more Munnabhai messages around. But as we have to keep the punishment also in mind, so Sanju Baba can be let free to work for movies and other noble & social projects – but with the strict caveat that all the remuneration he receives from these projects should go to fund a specific social project, which can help lacs of ailing and poor families of our country by providing basic amenities of food, clothing & shelter. Besides, there can be other restrictions with respect to his moving out of country or doing or not doing certain acts or many such other things for which judiciary is more capable to decide.

Really, no one is going to achieve anything by imprisoning a worthwhile talent who is also capable of earning huge sums of money in a short period of time, which in turn can help countless deprived families in our nation. The case is set to be appealed and heard in the highest court of the country and, possibly, it is a rare chance for the judiciary to do something imaginative and create new benchmarks and examples for the years – rather generations to come.”

As soon as I read this post I wrote a comment on the website which was not published by CNN IBN, I said that im really surprised that educated people who are also regular columnists have the audacity to say this “His apparent soft & humble gestures, the hand shakes, his statements in the court, the feeling of guilt, et al. are clearly the reflections of his makeover in the past years” This Mr. Columnist of CNN IBN apparently does not know the rule of law, and the behavior of a person can hardly be judged from his films and his public appearances where he will put up his best behavior. The columnist further says “Tell me, what we are going to achieve by putting this person behind the bars. We will be seriously wasting 6 years of an amazing talent, which can be put to better use of spreading more Munnabhai messages around.” Just because a person is talented and spreads messages doesn’t mean he will be granted a lesser sentencing than what the statue prescribes, and if he does get lesser sentencing, it amounts to discrimination by the judiciary. The public reaction to this case is truly disappointing. People are not so vocal when it comes to fighting poverty a problem which we have had for decades, for those police officers who are dying in naxalite areas, for those farmers who are committing suicides for the last 100 years since 1907 (earlier it was due to British imperialism and today it is because of globalization). Had public sentiment acted for these issues we would have had a better place to live in today.