Terror taint gone, Dutt faces sentence for the arms he kept

With Dutt being held guilty under Sections 3 and 7 of the Arms Act, he could be looking at a sentence anywhere between five to 10 years. However, while he has already spent 18 months in jail, the quantum of his sentence will only been known after the judge completes the process of delivering the verdict.

For now, Dutt’s bail bond was extended until December 19 after his lawyer made an application citing humanitarian grounds.

His lawyers are now deciding their next move. “The appeal could lie either in the High Court or the Apex Court as the charge of TADA has been struck down,” said his lawyer Satish Maneshinde.

Clad in a red check shirt and blue jeans, Dutt arrived at the court around 10.50 am and after completing routine formalities settled down on a bench along with friend and co-accused Yusuf Nullwalla.

Dutt looked tense and nervous as Kode, who came around 11.30 am, began announcing the day’s verdicts: Additional collector of Customs S N Thapa, guilty as charged; Zaibunissa, guilty under TADA for possession of weapons; and Yusuf Nullwala and Kersi Adejania, both guilty under Arms Act and IPC for possessing arms and destroying evidence.

Dutt was charged with criminal conspiracy, Section 3(3) of TADA Act, for acquiring and agreeing to keep in his possession three AK-56 rifles, ammunition, a 9-mm pistol and cartridges and hand grenades which were part of the consignment smuggled into the country by Dawood Ibrahim and his associates with the intention of executing the 1993 blasts.

TADA Sections 5 and 6 were also invoked for possession of arms and ammunition with the intent of aiding terrorist activities. Further charges were slapped under Sections 3 and 7 of the Arms Act. While delivering his verdict, Kode said, that “the arms in possession were part of the consignment was not established.’’ But that the arms were acquired and possessed for self-defence was accepted which meant that the charges under Section 5 of TADA did not hold.

“Considering the purpose for which he was found to be in possession of arms, he is not guilty under Section 6 of TADA,’’ judge Kode held. In his confession, Dutt had said that he had asked Magnum film owners, Samir Hingorani and Hanif Kadawala (he has since died) to arrange for firearms from Anees Ibrahim as he feared for the safety of his family, mainly father Sunil Dutt, who was actively involved in relief work among victims of the December 1992 and January 1993 riots.

While he was being pronounced guilty, Dutt tried to say something. But Kode stopped him: “At the right time I will hear you.’’ He declared that Dutt wasn’t a terrorist, but added “on the contrary the confessions of co-accused has come to your rescue.’’ Dutt’s bail bond was extended after advocate Maneshinde appealed to the judge on humanitarian grounds, namely, that he needed time to make arrangements for his daughter who is studying law in New York; two, to complete a family settlement that had to be taken care of because of his father Sunil Dutt’s death; and three, complete pending film projects.

“My father is dead and the whole burden of the family is on my shoulders,”’ Sanjay pleaded but Kode said those grounds weren’t good enough. “You can help me, Sir, on humanitarian grounds,’’ he said again.

Special public prosecutor Ujjwal Nikam opposed bail. And when Dutt started to argue with him, the judge intervened and stopped him. Later, Kode extended his bail bond for Rs 5 lakh and a surety of the same amount.