Sanjay Dutt held guilty under Arms Act
PTI
Tuesday, November 28, 2006 11:29 IST
Updated at 3.15pm
MUMBAI: Holding that Bollywood actor Sanjay Dutt was not a terrorist, a court on Tuesday acquitted him of the serious charge of conspiracy in the 1993 serial blasts here but convicted him of the lesser crime of possessing arms that carries a maximum prison term of three years.
"During my reasoning I have not found him (Sanjay) to be a terrorist," Judge P D Kode of the TADA court said as the star of the Munnabhai series pensively awaited the verdict.
"I have said you are not a terrorist," the judge said again, this time addressing the sombre-looking actor.
Accepting 47-year-old Sanjay's confession, Kode observed: "Considering matters in his confession and also taking into account certain admissions from other evidence, I accept the stand of Sanjay of acquiring and possessing weapons for self- defence."
Sanjay, who spent about 16 months in prison after his arrest in April 1993, was found guilty under Sections 3 and 7 read with Section 25 of the Indian Arms Act. Under Section 3, he was found guilty of possessing a 9mm pistol and under Section 7 for possessing an AK-56 rifle, a prohibited weapon.
Under these charges, he faces a maximum of three years in prison. The court, on Sanjay's plea, extended his bail and asked him to surrender on December 19.
The court also let off Sanjay's friends Yusuf Nallawalla and Kersi Adajenia for terrorism charges but found them guilty under the Arms Act and for destroying evidence.
The CBI said both had helped Sanjay in destroying an AK-56 rifle by melting it in a foundry and disposing of the remains in the sea.
The court held Zebunisa Qazi guilty of abetting terrorist acts by keeping in her possession weapons delivered to her by gangster Abu Salem and his men. The CBI said Salem and his associate Manzoor Ahmed Syed had carried weapons from Sanjay's residence to Zebunisa's house.
The court let off Nallwalla and Adajenia for TADA charges under Section 3(3) (aiding and abetting terrorist acts), Section 5 (possession of arms) and Section 6 (contravening other laws).
Zebunisa was acquitted of charges under Section 5 of TADA for possessing arms. She was given two weeks to surrender and asked to furnish a personal bond of Rs three lakh.
The court also held former additional customs collector Somnath Thapa guilty of participating in the conspiracy behind the 1993 blasts and for aiding and abetting terrorist acts.
It said he had aided underworld don Dawood Ibrahim and his associates by facilitating the landing of arms, which were smuggled in for engineering the blasts, at the Shekhadi coast in Maharashtra's Raigad district.
The court found Thapa guilty for not preventing the smuggling of arms despite having information and knowledge about the landing of weapons. It accepted the confessions of co-accused and evidence provided by CBI and held Thapa guilty under Section 3(3) of TADA for aiding terrorist acts and Section 120b of IPC for participating in the conspiracy.
Thapa sought bail, saying he was suffering from lung cancer for the past two years and undergoing chemotherapy.
Sanjay, who was "accused number 117" in the serial blasts case, had earlier confessed to police about possessing an AK-56 rifle and a pistol that were delivered to him by associates of Anees Ibrahim, the brother of underworld don Dawood Ibrahim.
In the confession -- recorded on April 28, 1993, nine days after his arrest -- Sanjay said his concern for his family in the face of threats during the communal riots of 1992-93 had prompted him to acquire the weapons.
Though Sanjay retracted the confession in November 1994, Judge Kode today said it had been considered in pronouncing the verdict.
Besides giving a description of his passion for hunting in the confession, Sanjay had detailed the circumstances in which he acquired AK-56 rifles.
Sanjay spoke of his concerns about the safety of his family during the 1992-93 communal riots to Hanif Kadawala and Samir Hingora, the proprietors of Magnum Video.
"At that time we received several anonymous calls saying that male members of our family would be killed and women members would be raped. All of us were frightened and were under great mental tension. My father was also attacked during his visit to Behrampada and Jogeshwari areas by furious mobs, who branded him as pro-Muslim," Sanjay said.
Kadawala and Hingora said they could give him an automatic rifle to combat the threat. Initially Sanjay did not show interest but when they repeatedly told him about their offer of giving firearms, he relented.
In mid-January 1993, Kadawala and Hingora came to Sanjay's house with "another person named Salem" and another man, whose identity the actor did not know.
Sanjay was given three AK-56 rifles and ammunition. "On seeing the rifles I got scared and told them that I wanted only one weapon. Then Hanif and Salem told me that I should keep them for the time being and if it was not required they would take away the rest of the two weapons," he said.
The actor refused an offer of hand grenades and later returned two AK-56s while retaining one rifle and some ammunition. Though he tried to return the last rifle, it was not taken back, he said.
Sanjay also revealed in his confession that he had purchased a pistol for Rs 40,000 from Kayuum, who was a member of Dawood Ibrahim's gang, in September 1992.
He said after the riots were over, he wanted to inform police about the AK-56 rifle and the pistol but did not do so as he feared his father Sunil Dutt would reprimand him.
After Kadawala and Hingora were arrested on April 2, 1993 while Sanjay was shooting a film in Mauritus, the actor contacted his friend Yusuf Nullwala "asked him that something was lying in a black colour bag which was kept in my hall at the second floor of my house. I asked him to destroy completely the things in my bag.
"As news appeared in the press about AK-56 rifles in my possession, my father asked me about it and I denied the same. My anxiety about the whole episode became unbearable and I decided to return to Bombay. My father informed police about my flight details and I was picked up as I landed and I confessed the whole thing to them," he said.
Chronology of events leading to Sanjay Dutt's conviction
Following is the chronology of events leading to actor Sanjay Dutt's conviction under the Arms Act in the 1993 bomb blasts here.
April 19, 1993 : Sanjay picked up by Mumbai Crime Branch from airport after his arrival from Mauritius. He is arrested on the same day on charges of possessing an AK-56 rifle, a 9mm pistol and some ammunition and later destroying them. April 28, 1993 : Sanjay makes confession before police.
May 5, 1993: He is granted interim bail by Bombay High Court subject to confirmation by the trial court.
Nov 4, 1993: Chargesheet filed against Sanjay.
July 4, 1994: Trial court cancels his bail and he is arrested again.
Nov 20, 1994: Sanjay retracts confession.
July 22, 1995: Sanjay permitted by court to meet his model friend Rhea Pillai whom he later married. Sanjay visits Rhea in a flat where she is recuperating from an illness.
Sep 11, 1995: Trial court rejects Sanjay's bail.
Oct 16, 1995: Supreme Court grants him bail on hearing a letter written by him to the Chief Justice from jail. The letter was converted into a petition.
Oct 18, 1995: Sanjay released from central prison after 15 months.
PTI
Tuesday, November 28, 2006 11:29 IST
Updated at 3.15pm
MUMBAI: Holding that Bollywood actor Sanjay Dutt was not a terrorist, a court on Tuesday acquitted him of the serious charge of conspiracy in the 1993 serial blasts here but convicted him of the lesser crime of possessing arms that carries a maximum prison term of three years.
"During my reasoning I have not found him (Sanjay) to be a terrorist," Judge P D Kode of the TADA court said as the star of the Munnabhai series pensively awaited the verdict.
"I have said you are not a terrorist," the judge said again, this time addressing the sombre-looking actor.
Accepting 47-year-old Sanjay's confession, Kode observed: "Considering matters in his confession and also taking into account certain admissions from other evidence, I accept the stand of Sanjay of acquiring and possessing weapons for self- defence."
Sanjay, who spent about 16 months in prison after his arrest in April 1993, was found guilty under Sections 3 and 7 read with Section 25 of the Indian Arms Act. Under Section 3, he was found guilty of possessing a 9mm pistol and under Section 7 for possessing an AK-56 rifle, a prohibited weapon.
Under these charges, he faces a maximum of three years in prison. The court, on Sanjay's plea, extended his bail and asked him to surrender on December 19.
The court also let off Sanjay's friends Yusuf Nallawalla and Kersi Adajenia for terrorism charges but found them guilty under the Arms Act and for destroying evidence.
The CBI said both had helped Sanjay in destroying an AK-56 rifle by melting it in a foundry and disposing of the remains in the sea.
The court held Zebunisa Qazi guilty of abetting terrorist acts by keeping in her possession weapons delivered to her by gangster Abu Salem and his men. The CBI said Salem and his associate Manzoor Ahmed Syed had carried weapons from Sanjay's residence to Zebunisa's house.
The court let off Nallwalla and Adajenia for TADA charges under Section 3(3) (aiding and abetting terrorist acts), Section 5 (possession of arms) and Section 6 (contravening other laws).
Zebunisa was acquitted of charges under Section 5 of TADA for possessing arms. She was given two weeks to surrender and asked to furnish a personal bond of Rs three lakh.
The court also held former additional customs collector Somnath Thapa guilty of participating in the conspiracy behind the 1993 blasts and for aiding and abetting terrorist acts.
It said he had aided underworld don Dawood Ibrahim and his associates by facilitating the landing of arms, which were smuggled in for engineering the blasts, at the Shekhadi coast in Maharashtra's Raigad district.
The court found Thapa guilty for not preventing the smuggling of arms despite having information and knowledge about the landing of weapons. It accepted the confessions of co-accused and evidence provided by CBI and held Thapa guilty under Section 3(3) of TADA for aiding terrorist acts and Section 120b of IPC for participating in the conspiracy.
Thapa sought bail, saying he was suffering from lung cancer for the past two years and undergoing chemotherapy.
Sanjay, who was "accused number 117" in the serial blasts case, had earlier confessed to police about possessing an AK-56 rifle and a pistol that were delivered to him by associates of Anees Ibrahim, the brother of underworld don Dawood Ibrahim.
In the confession -- recorded on April 28, 1993, nine days after his arrest -- Sanjay said his concern for his family in the face of threats during the communal riots of 1992-93 had prompted him to acquire the weapons.
Though Sanjay retracted the confession in November 1994, Judge Kode today said it had been considered in pronouncing the verdict.
Besides giving a description of his passion for hunting in the confession, Sanjay had detailed the circumstances in which he acquired AK-56 rifles.
Sanjay spoke of his concerns about the safety of his family during the 1992-93 communal riots to Hanif Kadawala and Samir Hingora, the proprietors of Magnum Video.
"At that time we received several anonymous calls saying that male members of our family would be killed and women members would be raped. All of us were frightened and were under great mental tension. My father was also attacked during his visit to Behrampada and Jogeshwari areas by furious mobs, who branded him as pro-Muslim," Sanjay said.
Kadawala and Hingora said they could give him an automatic rifle to combat the threat. Initially Sanjay did not show interest but when they repeatedly told him about their offer of giving firearms, he relented.
In mid-January 1993, Kadawala and Hingora came to Sanjay's house with "another person named Salem" and another man, whose identity the actor did not know.
Sanjay was given three AK-56 rifles and ammunition. "On seeing the rifles I got scared and told them that I wanted only one weapon. Then Hanif and Salem told me that I should keep them for the time being and if it was not required they would take away the rest of the two weapons," he said.
The actor refused an offer of hand grenades and later returned two AK-56s while retaining one rifle and some ammunition. Though he tried to return the last rifle, it was not taken back, he said.
Sanjay also revealed in his confession that he had purchased a pistol for Rs 40,000 from Kayuum, who was a member of Dawood Ibrahim's gang, in September 1992.
He said after the riots were over, he wanted to inform police about the AK-56 rifle and the pistol but did not do so as he feared his father Sunil Dutt would reprimand him.
After Kadawala and Hingora were arrested on April 2, 1993 while Sanjay was shooting a film in Mauritus, the actor contacted his friend Yusuf Nullwala "asked him that something was lying in a black colour bag which was kept in my hall at the second floor of my house. I asked him to destroy completely the things in my bag.
"As news appeared in the press about AK-56 rifles in my possession, my father asked me about it and I denied the same. My anxiety about the whole episode became unbearable and I decided to return to Bombay. My father informed police about my flight details and I was picked up as I landed and I confessed the whole thing to them," he said.
Chronology of events leading to Sanjay Dutt's conviction
Following is the chronology of events leading to actor Sanjay Dutt's conviction under the Arms Act in the 1993 bomb blasts here.
April 19, 1993 : Sanjay picked up by Mumbai Crime Branch from airport after his arrival from Mauritius. He is arrested on the same day on charges of possessing an AK-56 rifle, a 9mm pistol and some ammunition and later destroying them. April 28, 1993 : Sanjay makes confession before police.
May 5, 1993: He is granted interim bail by Bombay High Court subject to confirmation by the trial court.
Nov 4, 1993: Chargesheet filed against Sanjay.
July 4, 1994: Trial court cancels his bail and he is arrested again.
Nov 20, 1994: Sanjay retracts confession.
July 22, 1995: Sanjay permitted by court to meet his model friend Rhea Pillai whom he later married. Sanjay visits Rhea in a flat where she is recuperating from an illness.
Sep 11, 1995: Trial court rejects Sanjay's bail.
Oct 16, 1995: Supreme Court grants him bail on hearing a letter written by him to the Chief Justice from jail. The letter was converted into a petition.
Oct 18, 1995: Sanjay released from central prison after 15 months.