New Delhi:
Press Council of India chief Justice Markandey Katju has sent a written appeal to the President of India seeking pardon for actor
Sanjay Dutt, who was sentenced to five years in jail by the Supreme Court last week in a case related to the 1993 Bombay blasts. He has also sought pardon for another Bombay blasts convict, 71-year-old Zaibunissa Anwar Kazi.
In seeking pardon for Sanjay Dutt, who is convicted of possessing illegal arms, Justice Katju says the actor "may not have remained in prison for 5 years but he has undergone sufferings which is substantially equivalent to that." He also argues that if Mr Dutt "deserves pardon, he should not be denied it just because he is a celebrity." (
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With regard to Zaibunissa Kazi, Justice Katju writes, "She can hardly walk or talk. I do not think in her frail health she will survive 5 years in jail." (
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In both appeals, the the Press Council chief refers to Portia's speech in Shakespeare's play 'The Merchant of Venice' - that justice should be tempered with mercy.
Justice Katju's move comes despite Sanjay Dutt saying today that he would not seek pardon, would surrender at the right time, and serve out his sentence. (
Sanjay Dutt breaks down, says won't apply for pardon).
On March 21, the top court had convicted the actor under the Arms Act and ordered him to surrender within four weeks. It had also confirmed Zaibunissa Kazi's five-year imprisonment ordered by a TADA court.
Asked about Mr Dutt's statement, Justice Katju had earlier in the day said, "That makes no difference to me... I will appeal for him because he is not a terrorist and he has been in jail for 18 months. He has suffered a lot and in a way he has faced is punishment."
Justice Katju has already written to the Maharashtra Governor, pointing out that Article 161 of the constitution grants Governors and the President the authority to pardon or reduce a sentence and that such orders from them is not subject to judicial review.