The Bollywood fraternity’s solidarity with jailed star Sanjay Dutt in his impending battle to secure relief from the Supreme Court is under a legal scanner.
Nikam cautions stars
MUMBAI: The Bollywood fraternity’s solidarity with jailed star Sanjay Dutt in his impending battle to secure relief from the Supreme Court is under a legal scanner. Special prosecutor Ujwal Nikam told DNA he will soon proceed against the film stars campaigning for Dutt. “We will take appropriate action,” said Nikam.
Legal experts said any comments on the TADA court’s sentence amounts to contempt of court and sources close to the special prosecutor said this legal option is being considered.
The counsel for the accused in the bomb blasts case, Farhana Shah, clarified that although any comment on the judgement itself could invite contempt proceedings, citizens were free to express views on the case. “It is not fair to comment on the judgement, as we have the option of going to the Supreme Court. However, there is nothing wrong in commenting about the legalities of the case,” said Shah.
After Dutt was sent to jail, Shah Rukh Khan and Suniel Shetty had reportedly stated they would start a signature campaign for his release.
Several other film stars and politicians have come out in support of Dutt after he was sentenced to six years in prison under the Arms Act.
“Actions like signature campaign, media trial and attempts to ask the Congress High Command to intervene may be seen as an attempt to influence the apex court. It will certainly amount to contempt of court. If there is any sort of interference in the proceedings of the court, the Supreme Court can suo motu file contempt of court proceedings,” said Advocate Rajan Shirodkar. Other lawyers say the constitution has provisions that give a right to citizens to express their opinions.
“Activities outside the court of law are extra-legal activities which are not to be taken cognisance of. However, it is my appeal to those who are sympathetic to Dutt that they should not do things like a signature campaign or file affidavits, as these will in fact hamper rather than help his prospects,” said criminal lawyer Majeed Memon.
“At the end of the day, people are merely expressing their opinion. We should not forget cases like those of Jessica Lal and Alex Periera which the court took up suo motu based on media reports,” added Burzin Somandy, High Court lawyer.
‘Only moral support’
Javed M Ansari
NEW DELHI: The matter of securing relief for actor Sanjay Dutt got a political twist on Saturday, with neither the Congress party nor the government wanting to give the impression of being partisan.
Following media speculation that the government would use its influence on behalf of the actor, the Congress was at pains to play down Priya Dutt’s meeting with party president Sonia Gandhi. “It was an ordinary meeting between a party MP and the Congress president. There is no need to read too much into this,” said spokesperson Abhishek Singhvi.
Sanjay Dutt’s former counsel and now the minister for science and technology, Kapil Sibal, clarified that when he spoke of extending support, he was referring to “moral support”, and that whatever advice he had given was as a friend.
“The Dutt family’s association with the Congress goes back ages. Our hearts go out to them, but only the courts can decide his fate,” added AICC gen secy Digvijay Singh.
Who’ll argue for him?
Rakesh Bhatnagar
NEW DELHI: While Sanjay Dutt’s legal team in Mumbai maintained that his plea for bail will be filed on Monday, there’s still no clarity as to who among the noted criminal law advocates in the Supreme Court would argue for him.
The lawyer who had argued Sanjay Dutt’s bail plea in the nineties is now a Union minister, Kapil Sibal. Two noted lawyers, Rajinder Singh and RK Jain, who also defended the actor, are dead. Constitutional lawyer Ram Jethmalani has already said he isn’t appearing on his behalf.
Legal circles are speculating on the likely choice of lawyer. Although former Solicitor General Harish Salve’s name is at the forefront, a source also indicated that Kapil Sibal might advise Sanjay Dutt’s lawyers from Mumbai to consult constitution expert Fali S Nariman, who made a successful bail plea for murder accused Shankaracharya.
Dutt’s legal team in Mumbai said the bail application papers were ready on Saturday, but they had to first be signed by Sanjay Dutt who is now lodged in Pune’s Yerwada jail.
(With inputs from Neeta Kolhatkar in Mumbai)
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