New Delhi, August 8
The Supreme Court will take up actor Sanjay Dutt’s appeal against conviction in the Arms Act case and his bail application on Friday next even as the film star has made a plea for invoking the provision of the Probation Act for the commutation of his six-year sentence.
Noted lawyer Fali S. Nariman, engaged by Dutt to plead his case, made a special mention of his two sets of petition befor the Bench of Chief Justice K.G. Balakrishnan.
Apart from challenging his conviction, the award of six years of jail term by a TADA court in Mumbai, Dutt has said he was entitled to modification of the sentence by its commutation in probation. His commutation plea was earlier rejected by special judge P D Kode.
Acceding to the request of Nariman for urgent hearing, the court ordered the listing of the matter for August 10.
But considering the requirement of procedural formalities and the CBI’s caveat with a request that it be heard in all cases relating to the Mumbai serial blast, the arguments on his petitions might not be taken up immediately.
In his appeal, Dutt said, “Although the trial judge had rejected the plea of probation without summoning a report of probation officer, it is submitted with great respect that he (judge) was in error in doing so and has breached a mandatory requirement of law.”
He has sought to invoke the provisions of the Probation Act by taking into account his acquittal in main TADA case, the non-recovery of any arms from his premises, good conduct during his 12-year bail period.
“The apex court may always alter the mode of execution of sentence as the Probation of Offenders Act would still be available and indeed applicable to him,” the petition said.
Till his plea against conviction and that related to his release on probation was decided by the court, Dutt urged to suspend his sentence and grant him bail with appropriate conditions.
“The incarceration is causing a great deal of hardship to himself and his family and he is willing to furnish a reasonable security to the satisfaction of the court and undertake to abide by all and any condition the court may deem fit and proper,” it said.
Dutt sent to jail on July 31 after being awarded six years’ jail term had been in judicial custody for nearly 17 months in two phases from April 19, 1993, to May 5, 1993, and from July 4, 1994, to October 17, 1995. He has sought off-set of the custody period against sentence.
