Bollywood actor Sanjay Dutt, found guilty under the Arms Act in the 1993 Mumbai bombings, Tuesday made a last ditch effort to stay out of jail by filing an application in a
court seeking release on probation.
Dutt moved the special Terrorist and Disruptive Activities (Preventive) Act (TADA) court to release him on probation instead of sentencing him to the minimum five-year prison
term he would have to serve.
The court had Nov 23 held Dutt guilty of possessing an AK-56 rifle during the time of the serial bombings. Dutt, however, escaped the terrorist tag as he was acquitted of all
other charges under TADA.
When Dutt's case comes up Thursday, his battery of lawyers are likely to argue that he has never violated any order of the court when he was in custody and also invoke
section 4 of the Probation of Offenders Act.
The act allows for release on probation on good conduct of a person convicted for an offence not punishable by death sentence or life imprisonment.
To buttress his plea, the son of former Bollywood icons Sunil Dutt and Nargis has submitted affidavits by four eminent citizens, including yesteryear's Bollywood actor Dilip
Kumar, former Mumbai sheriff Nana Chudasama, anti-drug activist Yusuf Merchant and child activist Vipula Kadri.
To establish his good conduct, and that he indeed is a "nice person", Dutt's application notes that he has been actively involved in charities for AIDS prevention, cancer and
children.
In his affidavit, a copy of which is available with, Dilip Kumar recalls his early association with the Dutts, who are also his neighbours.
The thespian also mentions how, Sanjay Dutt feared for his family's well being during the 1992-93 Mumbai riots in the aftermath of the Babri mosque demolition and also how
well Sanjay Dutt was brought up.
Not glossing over his former drug abuse days, Dutt says he "is fully rehabilitated and an asset to society now by the virtue of the services he is rendering to other
addicts".
"Sanjay Dutt, who once battled drug addiction, has inspired and helped many others over come their addiction," said Merchant in his affidavit.
Chudasama and Kadri, director of Save the Children Foundation, also spoke about their long association with the Dutts and Sanjay Dutt's good character.
The "Lage Raho Munnabhai" star also cites his new image in his application, citing his success in the film that spoke of the "Ghandigiri" concept.
"I have espoused the Ghandigiri concept on which our great nation has been built, but which has been forgotten," Dutt maintains.
The actor also referred to his US-based teenaged daughter Trisashala, who is presently visiting him in Mumbai, as one of the grounds for his release on probation.
"She requires parental guidance to ensure she grows up in a secure environment and make the correct career decisions," the actor contended.
Dutt also says that his case should be treated in isolation from the 1993 serial bombings and viewed as a regular Arms Act case as the prosecution could not prove his
being a co-conspirator in the bombings.
Wednesday, January 17, 2007 15:54 IST