press trust of india
Mumbai, July 27: The Maharashtra government Thursday told the Bombay High Court that it can direct Bollywood actor Sanjay Dutt to go back to jail if it is of the view that the state had erred in granting him early remission.
The state government made this submission when it was asked by the court how Dutt, 58, was granted parole and furlough in quick succession and within two months of surrendering to serve his five-year sentence in the 1993 Mumbai serial blasts case.
The court also sought to know how is the good conduct and behaviour of a convict ascertained, and on what basis and criteria the actor was granted early remission. A division bench of Justices R M Savant and Sadhana Jadhav noted that Dutt surrendered in May 2013 and in July he filed applications seeking to be released on furlough and parole.
“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,” Justice Jadhav said. “How did the jail authorities ascertain good behavior and conduct within two months of the convict surrendering? Normally the superintendent of jail would not even forward the applications. The authorities would throw out the application,” Justice Jadhav said.
Advocate General Ashutosh Kumbakoni told the court that Dutt 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 Dutt to go back to jail. “We do not want to set the clock back in time. We are not for a moment suggesting that he (Dutt) go back to jail. But we only want such issues to be streamlined so that in future no questions are raised,” Justice Savant said.
“We only want to know on what basis and criteria he (Dutt) was granted early remission on good conduct? How is this good conduct and behaviour ascertained? Our conscience has to be satisfied that all this was done in accordance with law,” the judge said.
