Can Maha Governor grant pardon to Sanjay Dutt?

V N Harinath Hyderabad: With celebrities making a beeline to Maharashtra Raj Bhavan in a bid to secure remission of sentence for Sanjay Dutt, the outpouring of concern as well as sympathy for a film personality has become an issue of heated debate. The focus is very much on twin issues � Can the Governor pardon a person for his felony by writing off the court sentence just because of his fan following? Does he deserve it? Even Congress leader Digvijay Singh on Sunday came out in strong support of actor Sanjay Dutt, saying he had committed the crime at a "young age". Press Council of India chairman Markandeya Katju had also demanded relief for Dutt. It may be recalled that the Supreme Court had on May 21 sentenced the actor to five years in jail after upholding his conviction under Arms Act for illegally possessing prohibited weapons including an AK-56 rifle, which was part of the consignment of weapons and explosives brought to India for the 1993 coordinated serial blasts in Mumbai by Dawood Ibrahim and associates. He had already spent 18 months in prison is required to undergo the remaining period of the sentence. While demands are on the rise for the remission of the sentence, the BJP has opposed it, saying that the law should be the same for everyone. RSS mouthpiece Panchjanya also criticised the "hue and cry" about the jail sentence to Dutt and said he actually got away with a light punishment.A Against this background, The Hans India spoke to constitutional experts who opine that the Governor has the executive powers to remit the sentence, but the question is why should the star be given a VIP treatment and allowed to get away with violation of the law for keeping an AK-56. Some of the experts say there is little justification in the efforts made by a section of film fraternity and others to save Dutt. A The Maharashtra Governor will be wrong in taking any decision for reducing the period of sentence, feels former Andhra Pradesh Advocate General S Ramachandra Rao. He said: "Why should he be treated separately when he has committed an offence? An offence is the same whether committed by a popular public figure or a commoner. Everyone is equal before the law. The best course of action for Sanjay Dutt will be to file a review petition in the Supreme Court." Referring to the statement of Katju favouring the actor, Rao quipped "it is absurd." Senior advocate Jandhayala Shankar observed that Katju, a former judge of the Supreme Court, has exceeded his brief. "How can he try to influence the government; it is not correct." However, he says the Constitution has a provision for the Governor in commuting a sentence in instances of good behaviour, industrious conduct, social and human responsibility. "The State can recommend and the Governor can take a decision," he maintained. Prof Madabushi Sridhar of Nalsar agrees with Jandhyala in pointing out that the Governor as the executive head of the State has constitutional powers to take a decision. "However, it has to be exercised with reason." He cites a Supreme Court ruling in the Capt. Nanavati case (based on which a film was made starring Sanjay Dutt's late father Sunil Dutt). Capt. Nanavati got relief from the court in view of his services to the nation as an Army man (Nanavati was sentenced for murder, after shooting his friend who was found in bed with Nanavati's wife). A former Governor said on condition of anonymity that there was no precedence to the present issue. He described the move as politically-motivated. Sanjay's sister, Priya Dutt, a Congress MP, seems to be exerting pressure on the Centre to take a favourable decision. "It is for the government to decide; the Governor could express his view after seeking legal opinion. We have come across appeals to commute life imprisonment/death sentence, not reducing the period of imprisonment," he said. Another senior High Court advocate Ramakrishna Reddy said that the Articles 72 and 161 provided for the Governor to grant pardon, to commute/suspend/remit a sentence in exercise of his executive powers. A convict could be given relief from undue harshness or evident mistake in the operation or the enforcement of the criminal law. "The administration of justice by the court is not necessarily always wise or certainly considerate of circumstances which may properly mitigate guilt to afford a remedy."