CBI opposes Dutt’s plea,SC reserves order

Dutt,who has joined the Samajwadi Party and is tipped to contest the polls from Lucknow,raised legal points and referred to his family background to seek relief from the apex court.

“No case can be made out to stay his conviction,” Additional Solicitor General Gopal Subramanium asserted before a three-judge Bench headed by Chief Justice K G Balakrishnan.

CBI contended that Dutt would not suffer irretrievable or irreparable injury if his plea was refused. The actor has sought suspension of conviction in order to enter public life by contesting the coming Lok Sabha polls.

The agency countered the contention of Dutt’s counsel and senior advocate Harish Salve that he was only convicted on the basis of his confessional statement,saying the actor was held guilty not only on the basis of his confession but also that the court’s findings were based on recoveries,disclosures and corroborative evidences.

“It is not a case entirely based on confession but supported by disclosures,recoveries and corroboration of evidences,” the ASG said.

“The conviction under Arms Act cannot be oversighted,” Subramanium said opposing Salve’s submission that the 50-year-old actor was absolved of serious offences under TADA,including entering into conspiracy with other accused in the March 1993 Mumbai blasts case.

Salve contended that there was no reason to put up hurdles for the actor,who was convicted only once,in entering public life and his family antecedents should be taken into account to stay his conviction.

He said Dutt had possessed arms as he feared a threat to the life of his father late Sunil Dutt and other members of his family after the January 1993 riots.

Dutt sought suspension of the conviction on the grounds considered by the apex court while staying the conviction of BJP leader Navjot Singh Sidhu in a road rage case.

However,CBI opposed the contention,saying the case of cricketer-turned-politician stood on a different footing as he was acquitted by the trial court before it was overturned by the Punjab and Haryana High Court.

Subramanium said the CBI was also opposing Dutt’s plea on the principle laid in the Representation of People’s Act which under section 8(3) prohibits a person sentenced to two years imprisonment from contesting the elections.

“The statutory law (election law) strictly puts a bar on convicted persons from contesting elections,” ASG said adding that the power of the court to stay the conviction has to be exercised rarely.

CBI was joined by several residents from Lucknow in opposing Dutt’s plea,with their lawyers contending that relief by the apex court would lead to the “whole spectre” of criminals getting into public office.

Senior advocates Soli Sorabjee,K T S Tulsi and advocate Prashant Bhushan appearing for the residents submitted that allowing convicted persons to contest elections would strengthen criminalisation of politics which the apex court itself had tried to prevent.

“If a person is convicted and not allowed to contest election there is no violation of fundamental right,” Sorabjee said.

Tulsi said any relief in the case would lead to a rush of petitions by criminals and the battle to clean public office of criminals would be defeated.

Dutt in his petition contended that his conduct during the trial should be considered for granting him relief like cricketer-turned-politician Navjot Singh Sidhu.

The apex court had on January 23,2007 stayed the conviction and the three-year sentence of Sidhu in a road rage case,paving way for him to contest the Amritsar Lok Sabha by-poll after he resigned in the wake of Punjab and Haryana High Court holding him guilty of the offence.