The Maharashtra Government found itself on the defensive on Thursday, as the Bombay High Court sought an explanation from it as to how Bollywood actor Sanjay Dutt was granted parole and furlough in quick succession and that too within two months of his surrender to serve his remaining 42-month sentence in the 1993 Mumbai serial blasts case.
Hearing a PIl filed by Pune resident Pradeep Bhalekar challenging the regular paroles and furloughs granted to Dutt when he was serving his sentence at Pune’s Yerwada jail, a HC division bench also wanted to know as to how did the prison administration determine the actor’s “good conduct and behaviour” while granting early remission to the actor. The high court’s directive to the State Government seeking a detailed reply on its queries within next two weeks came on a day when Advocate General Ashutosh Kumbakoni informed the court that “if the court feels and comes to the conclusion that the State Government has erred in granting him early remission, it can direct Dutt to go back to jail”.
Not satisfied with the State Government’s justification that it had not given preferential treatment to the actor, the HC bench came out with specific query to the prison administration as to why it granted both parole and furlough in quick succession that within two of his surrender before the court.
"On July 8, 2013, he (Dutt) filed for furlough and then on July 25 he sought to be released on parole. Both the applications were allowed and that too concurrently. How did the jail authorities ascertain good behaviour and conduct within two months of the convict surrenderingIJ,” Justice Jadhav asked.
“Normally the superintendent of jail would not even forward the applications. The authorities would throw out the application,” Judge Jadhav averred.
Stumped by the judge’s poser, Advocate General Kumbakoni reiterated that the actor was not given any preferential treatment. “ But, if the court feels and comes to the conclusion that the State Government has erred in granting him early remission, it can direct the actor to go back to jail,” the AG told the court.
However, much to the relief of the actor, Judge Savant observed: "We do not want to set the clock back in time. We are not for a moment suggesting that he (Dutt) goes back to jail. But we only want such issues to be streamlined so that in future no questions are raised".
"We only want to know on what basis and criteria he (Dutt) was granted early remission on good conductIJ How is this good conduct and behaviour ascertainedIJ Our conscience has to be satisfied that all this was done in accordance with law," the judge said.
Stating that in several cases furlough and parole were not given even when the mother or father of the convict was on death bed, Justice Jadhav observed:
"Dutt got furlough first for his wife’s illness, then parole on grounds of his daughter’s illness. We have seen cases where the convict’s mother is ill and on her death bed but still parole or furlough is not given".
In his PIl, social activist Bhalekar has challenged the actor’s early release on remission and alleging that the actor was getting preferential treatment.
The petitioner has made a case for cancellation of the state government’s decision granting Dutt remission and order the actor to be taken into custody again to serve his entire five—year sentence imposed on him by the apex court.
Sanjay, who had spent nearly 18 months behind the bars in three stretches in the initial stages of his arrest on April 19, 1993 and was slated to serve the remaining 42 months’ jail term in the 1993 Mumbai blasts case, was released on February 25, 2016 earlier than the schedule, owing to what was described as 144-day remission granted to him by the jail administration as per the prison norms.
Dutt was arrested for the first time on his arrival from Mauritius on April 19, 1993 for possessing prohibited Kalashnikov assault rifle and 9 mm pistol, was convicted under the Arms Act in 2006.
The conviction of Dutt, who had initially been awarded six years’ sentence by a TADA court in 2006, was upheld by the Supreme Court on March 21, 2013. The apex court, however, reduced the sentence from six years to five years.
Given that he had already spent nearly 18 months behind the bars in three stretches in the past, the apex court asked Dutt to serve a remaining jail term of three and a half years.
The actor surrendered before a designated TADA court in Mumbai on May 16, 2013. After spending six days in Mumbai’s Arthur Road prison, Sanjay was taken to Pune’s Yerwada prison on May 22, 2013.
Sanjay remained mired in controversies over the grant of repeated furloughs, parole and extension of leave from the prison ever since he was lodged at the Yerwada jail, to serve the remaining 42 months’ jail term in the 1993 Mumbai blasts case.