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Sanjay Dutt likely to file curative petition in Supreme Court: Lawyer

The concept of curative petition was evolved in 2002 by a SC judgement to cure any defect.

Written by PTI | Mumbai | Published: May 17, 2013 12:33:16 pm

Bollywood actor Sanjay Dutt,who surrendered on Thursday before a special TADA court,is planning to file a curative petition before the Supreme Court,his lawyer said today.

“We are planning to file a curative petition in the apex court soon,” Dutt’s advocate Rizwan Merchant told special TADA Judge G A Sanap when the proceedings were on to take the 53-year-old actor into custody.

Sanjay Dutt had earlier filed a review petition in the apex

court against its March 21 judgement upholding his conviction

under the Arms Act and sentencing him to five years in jail.

The apex court had,however,rejected the review petition and directed him to surrender by May 16.

After review petition,a convict is left with the option of filing a curative petition or a pardon petition.

The concept of curative petition was evolved in 2002 by a SC judgement to cure any defect that may lead to gross miscarriage of justice in a final judgement/order of the Supreme Court,after dismissal of a review petition.

While a review petition has to be filed within 30 days of the judgement,there is no time limit for filing a curative petition.

Sanjay Dutt’s remaining options also include a leniency plea and remissions (like for good behaviour) which can reduce his

jail term.

While Sanjay Dutt has himself not filed any pardon petition,over 30 applications have been received by the Governor of Maharashtra seeking pardon for the actor. Dutt can even file a pardon petition before the President.

Sanjay Dutt surrendered before the special court to serve the remaining three-and-a-half year sentence. The actor is likely to be lodged at the Yerwada prison in Pune where generally the convicts are put in.

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