Judge to Sanjay: I’ve only taken away 6 yrs years

Among the last four sentenced by the court trying the blasts accused, Dutt has already served 16 months in jail and so will have to serve another four and a half years behind bars. On November 28 last year, the TADA court, had cleared him of any criminal conspiracy in the serial blasts but held him guilty under the Arms Act.

After the sentencing today, Dutt asked for a few days time to surrender but the court rejected his request. He was allowed to meet his family in the court and phone daughter Trishala. He will be in Arthur Road Jail until August 2.

Rejecting Dutt’s application for release under the Probation of Offenders Act, Special Judge P D Kode said the “element of criminality was high in the accused and the offence was of much serious nature. Not only did he commit a crime, he indulged in making another person commit a crime.”

Of the four applications taken up by the court today, only Rusi Mulla’s application was accepted and he was released on probation for a period of one year after submitting a bond of Rs 1 lakh.

Dutt’s lawyer Satish Maneshinde said he would file an appeal in the Supreme Court “without loss of further time.”

Dutt’s other friends, Yusuf Nullwala — he helped destroy the weapons — was sentenced to five years RI and fined Rs 25,000 while Kersi Adajenia — he helped Nullwalla destroy the AK-56 in his foundry — was sentenced to two years in jail and fined Rs 25,000. Adajenia got bail for three months during which he can appeal to the Supreme Court.

Judge Kode took up Mulla’s case first and said he had called only for his report from the probation officer, indicating that the other applications under Probation of Offenders Act had been rejected. That was the first blow and Dutt looked shocked.

Kode recalled Dutt’s confession that when he was shooting for the film Yalgaar, he was introduced to Dawood Ibrahim and Anees Ibrahim. Dutt also attended a party in which absconding accused Iqbal Mirchi, Sharad Shetty, and Chhota Rajan were present. “Accused number 117 (Dutt) had good acquaintance with Anees Ibrahim,” said Kode.

The judge elaborated on the manner in which Dutt acquired firearms: Dutt’s family was getting threatening calls that male members of the family would be assaulted and female members molested. His father was also attacked by Hindu fanatics in Behrampada and Jogeshwari and was called pro-Muslim.

When accused Hanif Kadawala and convict Samir Hingora told Sanjay Dutt that they could arrange for a firearm, he showed interest and asked them to go ahead. The duo, along with accused Abu Salem and Mansoor Qureshi, came with firearms in a van. Dutt kept three AK-56 rifles but returned two after a few days. When Hingora and Kadawala were arrested, Dutt called up his friend Yusuf Nullwala and told him to destroy the weapons.

Nullwala went to Dutt’s Pali Hill home and took away the AK-56 rifle, the 9 mm pistol and the ammunition. Before stepping out of the bungalow, he sawed off the AK-56 and took it to friend Kersi Adajenia’s foundry. Nullwala threw the rifle remnants into the sea. Too tired to melt the pistol, Kersi kept it and later gave it to Mulla before leaving for Kolkata.

“The crime committed was not brutal, ghastly, inhuman, anti-social or immoral. The acts committed by these accused persons have not resulted in any harm. But I must say that every citizen of this nation and the laws of the nation must stand first. If you don’t respect the law, you cannot be called a moral person,” said Kode.

The AK-56 rifle, the judge said, was a prohibited weapon in a civil area and capable of causing mass destruction. “We cannot forget the potential of such a weapon. Such a contingency didn’t arise. If it had arisen, then it was a dangerous act,” said Kode.

According to the judge, Parliament enacted the Arms Act for protecting the rights of law-abiding citizens. Punishment as per the law is between 5-10 years.

Rejecting the argument that the weapon was procured for self-defence, Kode said, “Possession of such weapons even for self-protection is contrary to law. The accused has shown scant respect for provisions of law… For protection of family, one can take lawful steps but these illegal acts cannot be called noble. Plus acquaintance with Anees Ibrahim, attending parties — considering all circumstances, he does not get benefit under Probation of Offenders Act.”

The court considered the possession of an AK-56 as his second offence. “Though not detected, in September 1992, he acquired an unlicensed 9- mm pistol from Qayoom,” said Kode.

Kode asked his clerk that for a different and distinct possession of a single AK-56 rifle, how much sentence did the court give. His clerk said that Yusuf Botomiya got 6 years rigorous imprisonment and was fined Rs 25,000. “There is no difference in the offence. Accused sentenced for 6 years RI and fine of Rs 25,000. Accused is taken into custody. Bail bond cancelled,” said Kode.