A day after Sanjay Dutt surrendered before the special TADA court in Mumbai to serve the remaining three-and-a-half years of his five-year jail term,his lawyer Rizwan Merchant claimed Friday the actor had been kept in a bunker once occupied by 26/11 gunman Ajmal Kasab at Arthur Road Jail.
He demanded Dutt,held guilty under the Arms Act in the 1993 serial bomb blasts case,be shifted as he was not a terrorist.
Merchant claimed the reinforced steel bunker specially constructed for Kasab had no ventilation and the actor could not even tell if it was day or night. He said even if there were security concerns,Dutt could not be kept in such a cell as he was not convicted under TADA. He is not a terrorist.
Syed Zabiuddin Ansari alias Abu Jundal,26/11 and May 2006 Aurangabad arms haul accused who was shifted to the bunker after Kasab was executed in November 2012,has made similar applications.
Merchant claimed Dutt and co-convict Yusuf Nullwala had been kept on the ground floor of the bunker,while Jundal was on the floor above.
CBI prosecutor D N Salvi said the court did not pass order on the Dutt plea.
Merchant said he would seek instructions from his client Saturday and make necessary prayers to the court.
He claimed though Dutt had been allowed home food,he was unable to receive it as jail authorities wanted all eatables to be put in polythene bags before entry in the bunker. He said food in a container was not allowed. Merchant,however,said Dutt ate home-cooked food Friday.
Meanwhile,judge G A Sanap issued non-bailable warrants against Zaibunnisa Kazi,70,and Sharif Parker,80,who failed to surrender by the deadline set by the Supreme Court.
Their lawyer Farhana Shah said Parker,who suffered a cardiac arrest earlier this week,had been advised angiography and was being treated at Prince Aly Khan Hospital,Mazgaon. She said Kazi was a cancer patient and needed sonography. Both should be given time to surrender,Shah said.
Sanap,however,rejected the requests,saying the court was duty-bound.
The warrants,however,do not necessarily mean the duo would be arrested. We will verify with the hospitals where they are reportedly being treated,speak to doctors and submit a report to the court in a few days, Salvi said.