New Delhi: The Supreme Court on Tuesday refused to suspend the conviction and sentence of six-year imprisonment imposed by the trial court on actor Sanjay Dutt in the 1993 Mumbai serial blasts case, to enable him to contest the Lok Sabha polls.
A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice R.M. Lodha, dismissing Mr. Dutt’s application, said: “In view of the serious offence for which he has been convicted by the special judge, we are not inclined to suspend the conviction and sentence awarded by the special judge in the present case.”
Writing the judgment, Mr. Justice Balakrishnan said: “Of course, his conviction and sentence have been challenged before this court in an appeal. Though our attention was drawn to the various findings recorded by the special judge and also the nature of evidence adduced by the prosecution, we do not propose to consider these facts at this stage as it may seriously prejudice either of the parties when the appeal filed by the petitioner is considered by this court.”
The Bench noted that the petitioner was a well-known cine artist and because of his contribution to art and cinema he had got a large number of fans throughout the country and abroad. “His father was also a well-known film actor and he was deeply involved in politics. At one point of time, the petitioner’s father was a Minister in the Union Cabinet. The petitioner is not a habitual criminal, nor has it been brought to our notice that he had been involved in any other criminal case.”
It said: “Despite all these favourable circumstances, we do not think that this is a fit case where conviction and sentence could be suspended so that the bar under Section 8 (3) of the Representation of the People Act, 1951 will not operate against the petitioner. Law prohibits any person who has been convicted of any offence and sentenced for not less than two years from contesting the election and such person shall be disqualified for a further period of six years since his release. In the face of such a provision, the power of the court under Section 389 Cr.PC [to suspend conviction and sentence] shall be exercised only under exceptional circumstances.”
On the contention that the Supreme Court granted relief to Navjot Singh Sidhu in similar circumstances, the Bench pointed out that he was a sitting member of Parliament and he could have continued as MP even after his conviction and sentence in view of Section 8 (4) of the R.P. Act (given three months to file an appeal).
The Bench said Mr. Sidhu resigned and expressed his desire to contest the election. That was a case where the trial court acquitted him and the High Court, in reversal, found him guilty. It was in those circumstances this court granted stay of the order of conviction and sentence, the Bench said.
Responding to the Supreme Court verdict, Mr. Dutt said: “Lucknow is my home and I will never leave the city.”
Mr. Dutt, who remained confined to his Gomtinagar residence for almost the whole day, broke his silence in the evening.
The visibly dejected actor said he respected the court verdict and would continue to support Samajwadi Party president Mulayam Singh and general secretary Amar Singh. “They have supported me and I will continue to support them,” he told journalists.
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