is sanjaydutt shud get relief?

Answer 1

He got relief from the Special TADA court who found him guilty only under section 26(2) of the Arms Act, 1959 & not under TADA provisions under section 3 & 5 of the said Act. He is very luck to survive those charges otherwise the Supreme Court had in his own case in 1994 had held that In the prosecution for an offence punishable under Section 5 of the TADA Act, the prosecution is required to prove that the
accused was in conscious ‘possession’ 'unauthorisedly', in "a notified area" of any arms and ammunition specified in Columns 2 and 3 of Category I or Category III (a) of Schedule to the Arms Rules, 1962 or bombs, dynamite or other explosive substances. No further nexus with any terrorist or disruptive activity is required to be proved by the prosecution in view of the statutory presumption indicated earlier. The accused in his defense is entitled to prove the non- existence of a fact constituting any of these
ingredients. As a part of his defense, he can prove by adducing evidence, the nonexistence of facts constituting the third ingredient as indicated earlier to rebut the statutory presumption. The accused is entitled to prove by adducing evidence that the purpose of his unauthorized possession of any such arms and ammunition etc. was wholly unrelated to any terrorist or disruptive activity. If the accused succeeds in proving the absence of the said third ingredient, then his mere unauthorized possession of any such arms and ammunition etc. is punishable only under the general law by virtue of Section 12 of the TADA Act and not under Section 5of the TADA Act. So by not punishing him for all such possession of Arms such as AK56, 25 hand grenades etc the TADA court has given him so much relief that no one can ever dream off. Let’s hope the Supreme Court doesn't disturb this TADA court judgment in appeal otherwise Sanjay Dutt may have to get more jail term on the basis of these provisions of TADA Act. Just pray to God that the Supreme Court ignore this while hearing his Appeal.

Answer 2

Yes he should. So should several of the others convicted in the blasts trials. Why? On grounds of parity. If Satpotdar could be 'acquitted' after being caught red handed with a cache of weapons in the midst of the Bombay riots, and if Bal Thackeray could never be prosecuted for his covert role in the riots, then all these blasts convicts also deserve to be set free. Advani must be laughing his guts out. Advani is singularly responsible for fanning communal hatred in the last 2 decades, following his call to attack the Babri Masjid. He got away scot free as did Modi and the hordes of Guju's who pillaged and looted during the Gujarat riots, as well as the Shiv Sainiks above mentioned. India can never be shining if we have double standards of justice. Please read todays (5 Aug) Sunday Express front page article. It is an eye opener.

Answer 3

No, Sanjay Dutt should not get relief if he is guilty. He has commited the great offense against the country which is meant to be "Desh Drohi". It is being heard that there are some political in putting Sanjay Dutt to Jail inspect of being innocent. In that case he should be releived and those leaders who had putt him to jailmust be sued.

Answer 4

LAw is equal to all .Even the Judge has said"you are not a terrorist,but,you know what you have did,for which the punishment,is.If these persons are not punished,most of the politically influenced people will escape from the crime.

Answer 5

In my opinion Sanjay Dutt should get releif? Or first of all plaese hang AFSAl first.....

Answer 6

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