Jethmalani raps Katju, says Gov lacks power to pardon Dutt


New Delhi, Mar 23 (PTI):  The Maharashtra Governor lacks power to pardon Sanjay Dutt, senior lawyer and BJP leader Mahesh Jethmalani today said criticising Press Council Chairman Justice Markandey Katju for his "unseemly haste" in seeking relief for the actor sentenced to 5 years jail for possessing arms during 1993 Mumbai blasts.

He said Katju has written a "wholly misconceived" letter to the Governor and others, including Law Minister Ashwani Kumar and I&B Minister Manish Tewary, members of film fraternity and office bearers of Congress, NCP and Samajwadi parties "have jumped on to his ex-Lordship's bandwagon".

He said Dutt has been convicted under the Arms Act and the Governor's power of pardon under Article 161 of the Constitution does not extend to conviction under this law.
"His ex-Lordship's (Katju's) letter to the Governor of Maharashtra, is thus wholly misconceived and his loyal band of followers must seek other avenues, if they exist at all, to secure a reprieve for Dutt. Katju would be well advised to not let his heart rule his head even if he considers its pulls to be justified," Jethmalani said in a statement.

"For their part, Kumar and Tewari, both eminent men of law, would serve the interest of the nation better if they applied their energies to upholding the law, rather than blindly seeking exoneration for a convict who by design or dim-wittedness facilitated the death of so many innocent victims on that fateful day in Mumbai", he said.

Jethmalani said it does not "befit" a retired apex court judge to express his anguish at the verdict of the top court by saying that he (Katju) himself was impelled to file a mercy petition in his personal capacity on actor's behalf.

"It ill befits a retired Judge of the SC and Chairman of PCI, to display such unseemly haste in seeking complete exoneration for Dutt in the 1993 bomb blast case.
"Hardly has the ink dried on the Supreme Court's judgement upholding the actor's conviction under the Arms Act that the ex-Judge has lamented the decision, extolled Sanjay Dutt's virtues and regretted his suffering of the last twenty years," he said.Jethmalani expressed surprise that both Kumar and Tewary have endorsed Justice Katju's view that the Governor has the power to pardon Dutt for the offences for which he has been convicted.

"While it is the personal prerogative of any citizen of this country to campaign for a pardon for any convict - notwithstanding the dubious company the convict might have kept, both before and after the cataclysmic events that had shaken Bombay on 12th March, 1993, citizens are entitled to expect a modicum of elementary homework at least by such distinguished personalities as Messrs. Katju, Ashwini Kumar and Manish Tiwari.

"The executive power of the state government does not extend to matters enumerated in the Union list of the 7th Schedule of the Constitution of India. Entry 5 in the Union List consists of arms, firearms, ammunition and explosives. The Arms Act is a statute enacted by Parliament. The Governor's power of pardon under Article 161 of the Constitution of India, accordingly, does not extend to the sentence of any person convicted under the Arms Act," he said.

  

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Comment on this article

  • Rathnakara A, Shirva

    Sun, Mar 24 2013

    Before putting Sanjay dutt in jail, Please remove Katju from Chairman post of PCI. I dont understand how these kind of people become CJ etc.
    Dutt is getting punished for what he did, but how these people will get punished for harming our judicial system?

    DisAgree [3] Agree [3] Reply Report Abuse

  • Jayarama, Udupi/Riyadh

    Sun, Mar 24 2013

    The blast has a political dimension also, the Congi inner politics, Sharad Pawar wants to over throw Sudhakarrao Naik and hatching all kinds of dirty politics with the support of D-Company. Narashimha Rao wants to rule without a competition, so on on 22-02-1993 he removed Sudhakarrao Naik and made Sharad Pawar as CM, blast happened in 12th March 1993

    DisAgree [1] Agree [4] Reply Report Abuse

  • Sequeira, Mangalore

    Sun, Mar 24 2013

    Sanjay Dutt does not deserve any pardon. These people have connections with questionable characters. He is convicted by the highest judiciary in the land and so has to now spend a couple of years in the place where he rightly belongs.

    DisAgree Agree [8] Reply Report Abuse

  • G R PRABHU, BEJAI ,MANGALORE

    Sun, Mar 24 2013

    According to me Films have spoiled the unity of our country. Sanjay Dutt has not given any good message to the country.But spoiled the Young generation by acting in all fighting Films.& given the wrong message to all.He must be Punished.No pardon.If pardon means he will again become a DON.

    DisAgree [5] Agree [12] Reply Report Abuse

  • Bollu, Mangalore

    Sun, Mar 24 2013

    Well said Jethmalani. People have survived and not much damage happened to the property..if sanju baba would have leaked information earlier. Late Divya Bharathi also killed for same purpose..and she known things..something is going to happen in mumbai. Sanju-baba is 'Criminal and Anti-National'. Should not paradon with by any means..for giving chance for D-Gang to do there job easily.

    Sunil Dutt who is the person who defended during riots in Behrampada-Bandra in 1993..where in shiv sena was strong. It's due to shiv-sena supremo...sanju landed in jail and for that reason sunil dutt went to Bal-Thackeray for help. Person whoever associated with D-Gang who are terrorists should be taken strict action against them whether they are celebrity or common man....to the interest of our nation. Bombay blast can be averted by sanju baba..no mercy for them.. Jai Hind.

    DisAgree [4] Agree [15] Reply Report Abuse

  • Rudolf, Mumbai

    Sun, Mar 24 2013

    Continuation of my earlier views, forgot to add: Comparison of this case with Commander Nanavati case which occured in 1959 is the height of anything! Just see his background, a very upright and respected Indian Naval Commander was cheated by his own friend by getting involved with his own wife. So, in a fit of anger, he is supposed to have killed his wife's paramour, that was his crime, and I think he really deserved pardon, but still he is said to have spent 3 years in jail before being released!!

    DisAgree [3] Agree [4] Reply Report Abuse

  • Kitte Panakaje Pai, Doha

    Sun, Mar 24 2013

    Here the fundamental truth is, Dutt should under go his punishment, if he is let out, then it will give wrong signal to the society. It can create disparity between the convicts of same offence with different social status. If Dutt could be pardoned, then same time let Government take statistics of the nation wide convicts of same offence, and let others too get pardoned.

    Dutt cannot be called so good citizen or innocent. He had proven links with underworld, and he took the courage to accept the gift AK47 "a deadly and illegal weapon" from a Don. The criminal jurispudence equally treats accomplice with the main accused. Even anybody harbouring or sheltering, or providing logistic support for an offence liable to be charged and tried with the main offence.

    Letting DUTT from TADA act was a political game, as prosecution did not appeal on the trial court order deleting the TADA charges on DUTT, and the prosecutor did not make serious arguement during framing of cahrges on DUTT.

    Infact, DUTT procured AK47 out of the same consignment that was landed in bomaby shores for the 1993 massacres. Dutt if at all to be called loyal and a good citizen, then immediately smelt the plans of his friends (who gave him AK47) and disclosed to Police. His father was then a Union government minister, and the whole family now so called potraied as a good citizens should have helped the police to track those people (whilst they gave AK47 to Dutt)right in time. If they had done so, so many lives would have been saved in 1993.

    Dutt is not innocent, he acted as ignorent at that time. He concieled the information and criminal activity which was taking place around him, and therefore he cannot be a loyal citizen.

    Infact, supreme court should have revoked the orders of the TADA Judge and remitted the case for fresh trial on Dutt under TADA

    I therefore fully agree with Jethmalani, provided he is not talking in the tone of BJP's political strategy to corner Dutt family who is from Congress !

    DisAgree [2] Agree [12] Reply Report Abuse

  • Latha Panakaje, Panakaje

    Sun, Mar 24 2013

    It is true, eminent Judge called himself fool along with fellow citzen. A fool cannot apply his mind while talking, so this is the result of what he wrote to the Governor. The pardoning power rests with President under the central Government recommondation. But while doing so, i wish they study the background of the case.

    Remember, any recommondation that would take place to pardon Dutt will become a unique history, and many years to go this will be cited as a base in the arguement by every future convicts !

    A bad decision will be well mis used! Mr Law minister apply your mind before you do something in this matter!

    DisAgree [1] Agree [6] Reply Report Abuse

  • SRIDHAR SHETTY, DOHA /BARKUR

    Sun, Mar 24 2013

    ya it is the truth wel said to be noted " Letting DUTT from TADA act was a political game, as prosecution did not appeal on the trial court order deleting the TADA charges on DUTT, and the prosecutor did not make serious argument during framing of charges on DUTT".

    DisAgree [1] Agree [5] Reply Report Abuse

  • Jayarama, Udupi/Riyadh

    Sun, Mar 24 2013

    That was the statement from Press Council Chairman Justice Markandey Katju about the citizens of our great nation. Mr. Poojary is reiterating it that's all

    DisAgree [1] Agree [6] Reply Report Abuse

  • aladdin pais, Mangalore / Mumbai

    Sun, Mar 24 2013

    Hi Melvy Pinth,

    Guess Poojari is referring to an issue on Katju a little while ago which I reproduce below:

    "Two students from Lucknow have sent a legal notice to Press Council of India chairperson Justice Markandey Katju for his comment at a seminar last week that "90% of Indians were idiots."

    Kind Regards

    Aladdin Pais

    DisAgree [1] Agree [7] Reply Report Abuse

  • Melvy Pinth, Manglur

    Sun, Mar 24 2013

    Hi Aladdin, Thanks for the info. If Katju said something then give the reference. Dont just call 90% of the Indians fools based on your (Poojari's) political affility...

    DisAgree Agree [2] Reply Report Abuse

  • Stany D'sa, Mangalore/Dubai

    Sun, Mar 24 2013

    It looks like foolish people are challenging the verdcit of supreme court.After 20 years the supreme court has delivered the right judgement without any prejudice.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Sudheer, Mangalore

    Sun, Mar 24 2013

    Guilty should be punished, so Sanjay should be sent to jail irrespective of his power & money.

    DisAgree [1] Agree [9] Reply Report Abuse

  • Rudolf, Mumbai

    Sun, Mar 24 2013

    Mahesh Jethmalani has given the right comments with full knowledge of the law unlike that given by Katju sir! Also, what Jethmalani said that hardly has the verdict come out and Katju sir canvassing for relief does not befit in anyway the stature of the former CJI of India!

    Sanju baba should consider himself very lucky that he has only been convicted under the arms act and has got the minimum of punishment.

    With so much respect and adoration and support that he has gotten from the Indian public, Sunju baba should graciously accept the minimum punishment given by the apex court and repent for the mistake he has done! By doing this, he will come out even more stronger!!

    Any leniency against the apex court order will send all the wrong signals to the law abiding citizens of this great country!!

    DisAgree [1] Agree [17] Reply Report Abuse

  • ESKEY, UDUPI

    Sun, Mar 24 2013

    I fully agree with your comments Rudolf, Mumbai.
    In this particular case Mahesh Jetmalani is right Justice Katju is wrong. Sanju Baba should consider himself lucky. No doubt about that. FAVOR HAS BEEN ALREADY DONE TO SANJU BABA. Sanju had two cases in Tada court. He was convicted of one case (possession of arms) and ACQUITTED of the other (supporting terrorists) But the CBI innocently appealed only against the conviction in the SC without challenging the the acquittal. This itself is a big favor to him. As Rudolf said Sanju should accept this punishment graciously. One more thing. Al this so called supporters are doing more damage to Sanju than good. They are inviting unnecessary media glare at this wrong time and thereby ruining any chance of a early release due to good behavior after spending few months in prison.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Melvy Pinth, Mnaglur

    Sun, Mar 24 2013

    If you do not like Indians Poojari you are welcome to go to our neighbouring country. Why stay in a fool's country.....

    DisAgree [6] Agree [2] Reply Report Abuse

  • Sandy, Udupi/UAE

    Sun, Mar 24 2013

    Justice Markandey Katju is trying too hard to prove he is an INDIAN…… Finally he realized ‘90’ is greater than ‘10’.

    DisAgree [1] Agree [11] Reply Report Abuse

  • SRIDHAR SHETTY, DOHA /BARKUR

    Sun, Mar 24 2013

    whole Indian law ,govt and ministers is behind dutt pardon. why they don't have other work to do???

    No he is celebrity and everyone is helping him to escape from the 5 years jail as per law. if a common man or a innocent person is jailed no one here to support y only dutt???

    shame on law minister to give statement on dutt ...if we leave this govt they will pass the law that with governor MLA ,MPs will also have right to pardon and they will help the cremnels to go free!!!

    dutt should go to jail and finish his term and come out clean with hold his head up sky and he is free for his life.why all this drama!!!.

    very simple here a rich will get every help frm everyone but a poor will not...

    DisAgree [1] Agree [13] Reply Report Abuse

  • Arun, Dubai

    Sun, Mar 24 2013

    ya i agree with u ....it is shame on the ministers and other who bat fr dutt...

    DisAgree [1] Agree [8] Reply Report Abuse

  • Amin Bhoja, Patte / Riyadh

    Sun, Mar 24 2013

    Sanju Baba is concvited because of his wrong doings,a anti national activity.It was a different story of Sanju Baba of his younger ages,he himself improved his habits from bad to good.I think at this present juncture Justice Katju doing his batting to Snju Baba in a wrong pitch and too with a wrong ball.As per Justice Katju's survey 90% Indians are fools,now he himself stands where? only other 10% Indians to decide!.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Ramesh S, mangalore

    Sun, Mar 24 2013

    These so called intellectuals gone out of mind, these people are ruining INDIA..The INDIAN EXPRESS has given detailed information about what happened during Mumbai blast.. as per police records' Weapons such as AK47,Pistols,granades came from Pakistan to Gujrat, from Gujrat Abu salem brought it to Sanjay Dutt garage..AK47 & some granages given to Dutt and balance weapons taken to other location & later Mumabi tragedy occured..By this, it is very clear that Dutt invloved in antinational criminal actvities by giving logistical help to conspirators & there are phone calls record which Dutt made to verious locations & there are witnesses..now anybody pls explain in what ground he should be pardoned?..if we argue that he had not direct invlovemnet in crimes, then why we hanged Afzal Guru, he also only given logistical support to terrorist!! why Sadvi Pragya, Samjautha express accused in jail?..these people also had spent many year in jail & they too have families....ridiculous,how can be law different for celebrities?..shame on Katju & film feternity who re begging Gevernor & SC to pardon Dutt..

    DisAgree [1] Agree [13] Reply Report Abuse

  • Michael, Mulky/San Fransisco

    Sun, Mar 24 2013

    I don't necessarily agree with Mr. Poojary's views that 90% of indians are fools. It is wrong to be biased for an individual if he has done something seriously wrong and convicted by the highest court of the country, howmuchever famous he is. The only question is the time it took for this verdict.

    DisAgree [3] Agree [2] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Sun, Mar 24 2013

    Ever since he neared the age of retirement and after the retirement, Katju became famous figure for wrong doing only. Though he delivered few landmark verdicts in his Judge Career but now become restless. May be this person needs Governor or some other posts and started lauding Congress Party. Will he fight for the common prisoners languishing in various Indian Jails even without trails till date? No doubt Jethmalani is not the person to praise but here he proved again that Indian Law is above of all. So, if they press for freedom for Sanjay Dutt then why not for others? Indian Police keeps pub attackers and home stay attackers for few years in Jail but so called intellectual people on other hand press for freedom of perpetrators of bomb attackers!!

    DisAgree [1] Agree [14] Reply Report Abuse

  • My View , managlore

    Sun, Mar 24 2013

    All people and some media is acting like, SC had given a verdict for some small issue.
    And Dutt is very innocent,this case is more then 10 year old and for all those who support dutt on this case let me tell you.
    This weapon AK47 is not a small weapon and still you wont find this on your nearest police station.
    And Dutt had it almost 10 years back, now AK 47 may be common name but not 10 years before.
    SC given verdict for having illegal weapon , they never said he is killer or something.
    So he did a crime and he has to serve jail term for that , do not matter how good is he now and how big he is now.

    DisAgree [1] Agree [15] Reply Report Abuse

  • Bollu, Mangalore

    Sun, Mar 24 2013

    it's not AK-47...it's AK-56...
    if he his innocent why did he destroyed weapon..and only 'spring' left with scrap dealer in mohammadali road..!! what connection between sanju and dawood's brother..!!

    DisAgree Agree [3] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Sat, Mar 23 2013

    The issue is not that Sanjay had a Weapon. He had bought it illegally from a Terrorist Group. His acquintance with that group is this issue. Hope you guys understand.

    DisAgree [1] Agree [24] Reply Report Abuse

  • Anand, karkala/Dubai

    Sun, Mar 24 2013

    Absolutely there is no doubt about your statement.

    DisAgree [1] Agree [13] Reply Report Abuse

  • Indian, Mexico

    Sat, Mar 23 2013

    Jethmalani might be a maverick ..but in this case he is not among the 90%...

    DisAgree [3] Agree [16] Reply Report Abuse

  • jeevan, mangalore

    Sat, Mar 23 2013

    Katju who said governor post is vacant ???

    DisAgree [2] Agree [16] Reply Report Abuse

  • Jossey Saldanha, Mangalore/Mapusa/Mumbai

    Sat, Mar 23 2013

    I don't think an elephant will be perturbed by barking ....

    DisAgree [20] Agree [4] Reply Report Abuse

  • Rohith Shetty, Hebri / London

    Sat, Mar 23 2013

    jetmanali's deparate publicity stunt, somehow this dead wood wants to be in the news...what else you can expect from someone who endorses modi..

    DisAgree [26] Agree [7] Reply Report Abuse

  • ESKEY, UDUPI

    Sun, Mar 24 2013

    You may hate Modi and keep hating. Good Luck to you. Why do you think all Modi haters are RIGHT at all times and Modi supporters are wrong? Please take out your blinkered glass and view this objectively on the merit of the case. Too much hate of anything is not good. Modi is bad no doubt. Ignore him.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Dinesh Poojary, Kundapura/Bengaluru

    Sat, Mar 23 2013

    90% of Indians are fools. So katju is..

    DisAgree [29] Agree [32] Reply Report Abuse


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Title: Jethmalani raps Katju, says Gov lacks power to pardon Dutt



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