Arms Act and the man

In mere 88 of the 4,340 pages of the 1993 serial blasts judgment, Tada Judge PD Kode has absolved actor Sanjay Dutt of having any links with the 1993 serial blasts conspiracy hatched by underworld don Dawood Ibrahim.

Noting that though Dutt had confessed to meeting Dawood and his younger brother Anees in Dubai during the shooting of Yalgaar in December 1991, the court concluded that Dutt cannot be held guilty of being part of the blasts conspiracy as “there is not a single circumstance revealing nexus of Dutt with the conspiracy or any of the conspirators”.

Part 37 of the bulky judgment states that Dutt acquired the unauthorised weapons including an AK-56 rifle in January 1993, much before prime conspirator (Tiger Memon) organised the landing of arms and ammunition at the Shekhadi coast in February 1993. Also, the plan leading to bomb blasts in Mumbai took final shape in a meeting conducted by Memon only on March 5.

No nexus with Anees

Discarding the evidence given by co-convict Baba Chauhan that he had heard Dutt talking to Anees when he went to deliver arms to his Bandra house as “uncorroborated”, the judge has noted that the prosecution failed to prove that Dutt spoke to Anees.

“Dutt’s confession reveals that he knew Anees and that Anees visited the shooting of Yalgaar or the places of stay of the shooting party.

Thus the said matters though sufficient to reveal existence of some nexus between Dutt and Anees still the said material cannot be far stretched to come to the conclusion that the weapons were received or handed over to Dutt because of the said relationship,”

Judge Kode notes in his judgment.

Noting that the weapons were supplied by Chauhan, who accompanied Abu Salem to Dutt’s bungalow, the judgment states, “Thus it is crystal clear that the weapons received by Dutt was (sic) due to arrangement between himself (Dutt), Chauhan and (Hanif) Kadawala.”

Clean chit under Tada

Absolving Dutt of all Tada charges, Judge Kode said that the intent behind acquiring and possessing a weapon is paramount for ascertaining whether Dutt had committed offence under Section 5 of Tada.

Dutt’s confession revealed that he was not in possession or arms for commission of terrorist activities but for self protection and the protection of his family members.

His confession regarding threats received by his family for doing relief work during the riots is corroborated by other evidence.

Also, it has not been proved that Dutt was in possession hand-grenades as alleged by the prosecution. Though Salem had delivered hand-grenades to Dutt’s house, the explosives were kept in producer Samir Hingora’s car.

Hingora had to drop his children to school, so he left his car in Dutt’s bungalow and went in an autorickshaw. After three days, he collected the bag from Dutt’s house.

Regarding the 9 mm pistol that Dutt acquired in September 1992, the court concluded that there is no evidence of Dutt using it for any terrorist activity.

Acquitting Dutt under Section 3 (3) of Tada, Judge Kode noted that the prosecution failed to establish that the 3 AK 56 rifles, its ammunition, 9 mm pistol or hand-grenades were part of the consignment smuggled into the country by Dawood Ibrahim and his associates.

Clearing Dutt under Section 6 of Tada, the judge noted that possession of arms was not for aiding or abetting any terrorist act or keeping them in pursuance of the conspiracy.

Guilty under Arms Act

Dutt has been held guilty under Sections 3 and 7 of the Arms Act and sentenced to six years’ rigorous imprisonment.