Appreciating and sympathising with a personal tragedy is one thing but extending it to the realms of public policy is altogether different. This
crucial distinction, plus the principle of ‘equality before law’ appears to have escaped the understanding of stalwarts such as Press Council chairman Justice Markandeya Katju and some other political and personal friends of Sanjay. With his penchant from going from the sublime, Katju has even suggested that Sanjay’s stellar role in popularising Gandhi-giri through a popular Bollywood film should be taken into consideration in judging the quantum of punishment. Sections of the political class have cited Katju’s pseudo-judicial opinion to argue for a pardon.
And the Law Minister Ashwini Kumar who, strictly speaking should not be commenting on individual cases, has let it be known that the Governor of Maharashtra K. Sankaranarayan “will use his discretionary power when there will be an appeal to him. He has the power to pardon”. Since the Governor is a political appointee who has served the Congress Party well in the past, the Law Minister’s use of the term “will” (as reported in Indian Express of March 23) assumes enormous significance. There is an inescapable suggestion that a pardon for Sanjay Dutt is pre-determined.
The law, as Mr Bumble famously said, “is an ass”. It may also be unmindful of the “quality of mercy”; but the scales of justice are held blindfolded. There can’t be one standard for Sanjay Dutt and another for the others convicted in the same case. If Sanjay is to be spared the ordeal of serving time in jail, a corresponding degree of generosity must be the norm for the others, including the 10 who have been awarded life imprisonment and Yakub Memon who is to hang.
It is important to recall the magnitude of Sanjay’s offence. He is not being punished because he happens to be a star and the son of famous parents. His offence is grave because he used his privileged position to arrange a safe venue for a cache of arms and explosives that had been received from Pakistan by the underworld to organise the serial blasts in March 1993 that killed 257 innocent people and seriously injured another 713. What Sanjay did was not merely brandish an AK-56 assault rifle and a 9mm revolver before a mirror and pretend he was Rambo. He directly facilitated a massacre of monumental proportions, an offence that was no less serious than the massacre by Pakistan-trained terrorists on November 26, 2008.
