No reprieve for Sanjay Dutt yet

Senior advocate Fali S Nariman, appearing for Dutt, made a mention of his bail plea seeking an urgent hearing. “I don’t ask for any favour. Only hear me for five minutes on Monday,” said Nariman. He contended that Dutt had not violated any conditions imposed on him by the designated TADA court while on bail for 12 years.

The Bench, however, declined to take up the petition on Monday. The court also issued a notice to the CBI asking it to furnish a response on why the actor should not be granted bail.

The apex court, making it clear that no preferential treatment shall be meted out to Dutt, said, “All the cases arising from the Mumbai blasts judgment would be taken up on August 20.”

Nariman pointed out that since the judgment has not been made available till date to the appellant, it is a violation of Article 21 of the Constitution. “The problem is (that) he is entitled to bail, it is his implied statutory right to be released on bail,” the senior advocate argued, contending that in the absence of a copy of the judgment being supplied to the convicts, the decision may be stayed in that case. “How the Lordship protects Article 21, in that case?” he sought to know.

Another convict in the 1993 blasts case, Ibrahim Musa alias Chauhan, also approached the apex court seeking bail, besides challenging his conviction. Perusing the brief arguments by his advocate Shree Prakash Sinha, the same Bench issued notice to the investigating agency.

Musa was found guilty of supplying weapons to Dutt and was charged under TADA, Arms Act and Explosive Substances Act. He has been sentenced to 10 years’ imprisonment. His counsel too argued that in the absence of a copy of the judgment, the decision of the TADA Court was wholly untenable and illegal. Referring to an earlier Constitution Bench ruling, the advocate sought directions that the order be stayed.