New Delhi:
Justice Markandey Katju has said he would continue to seek pardon for
Sanjay Dutt despite the actor's decision to surrender. "I will continue to appeal to both the President and the Governor (of Maharashtra) because I think he (Sanjay Dutt) deserves to be pardoned," the Press Council of India chairman said.
The actor announced today that he would abide by the order of the Supreme Court which has sentenced him to five years in jail in a case related to the 1993 Bombay blasts.
(Sanjay Dutt breaks down, says won't apply for pardon) Asked about Mr Dutt's statement that he would surrender as directed by the Supreme Court, Justice Katju 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."
He also said that he would seek pardon for 1993 Mumbai blasts convict Zaibunissa Anwar Kazi. "I am going to apply for pardon to the President and to the Governor. I think he (Dutt) and Zaibunissa both deserve pardon," he said
Sanjay Dutt, 53, was ordered by the Supreme Court on March 21 to return to jail to complete a five-year sentence while 70-year-old Zaibunissa Anwar Kazi's five-year imprisonment was confirmed by the court.
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.
In his letter, he had said that the Supreme Court has not found the actor guilty for the 1993 bomb blasts, but only found him guilty of having in his possession a prohibited weapon without licence. He reiterated his stand today.
When asked on what grounds he was seeking pardon for Mr Dutt, Justice Katju said that "public good is one of them, there can be many other considerations like humanitarian considerations for grant of pardon."
"If you study the Articles 72 and 161 of the Constitution, they do not state that who can appeal. Section 72 provides power to the President to pardon and section 166 to the governor," he said.
"But both sections do not state that who can appeal and it is not written on what grounds pardons can be given. There could be thousands of ground for pardon," he added.
Justice Katju also said that he had issued his appeal for Mr Dutt without having interacted or spoken to the actor.
"I have not talked to Sanjay Dutt, I have not contacted him, he has not approached me. In my first appeal which I issued for pardon, I did it without contacting him," he said.
Mr Dutt today said he has not sought any pardon and will surrender in time.
Justice Katju said, "I came to know about punishment awarded to him (Dutt) through TV. After that I went through the judgement and I felt that he has been socially boycotted for five years, it took five to six years for him to restore his career.
"No producer offered him film. (There were) no bank loans for him and every time he needed to seek court's permission before going on foreign trips," he said.
The PCI chief said that Dutt was married and had two kids.
"In twenty years he has not done anything wrong. There could be some humanitarian perspective," Justice Katju said and added that the order of the President and a governor is not subject to judiciary review.