As Sanjay Dutt surrenders today and begins a three-and-a-half-year jail term, will it act as a deterrent for those high and mighty people who think they can break the law and still get away? Criminal lawyer KTS Tulsi joined IBNLive readers for an interaction on the issue.
Q. The learned counsels have deliberated and arrived at a decision. It is only because of an active judiciary that we hear of Sanjay Dutt convicted and sent to prison. What are the chances that this case may not go the Navjyot Singh Siddhu way or JMM Sibu Soren way. What is Bollywood shedding crocodile tears for - Your guess is as good as mine. Asked by: Peter Morris
A. There are nil chances of the case going the Navjot Sidhu or Shibu Soren way. There is just no alternative to serving the remainder of the sentence- tears or crocodile tears. He might get some inspiration from Jeffery Archer and write his prison diary and hope he make a killing at it .
Q. I always think that there is a sort of 'Cultural defect' in we, Indians, that we start blowing our own trumpet at the smallest of achievement. Although Mr. Dutt might have gone behind bars, but what about so many bigwigs in our corporate and political system? Why is it that we despite calling ourselves World's Largest Democracy, have not been able to turn ourselves in a true democracy where each and everyone is equal in terms of rule of law? I hope you won't say that highly popular but absolutely false statement that "In India, everyone is equal under the law". Asked by: Ishank Sagar
A. Complete and real equality is a myth, any where in the world. Men or women, rich or poor, literate or illiterate, black or white, none are completely equal. Equality before the law a great ideal, but never a reality.
Q. Is there a technical loop hole that will let him off the jail earlier, may be as a good conduct, or something on bail/parole? Asked by: Vipul
A. He will entitled to remissions as per the jail manual. The Governor and the President also have the power to remit a part or the entire sentence. However if it had to happen, it would have taken place already.
Q. Should Dutt deserved a higher punishment than a ordinary person? Has the Bollywood disgraced itself by standing in support of Sanjay Dutt? Asked by: Abhi
A. There is no question of any one deserving or being awarded a higher sentence than the maximum prescribed under the law, whether he an ordinary citizen, or a celebrity.
Q. As you said that Equality before law is myth, then going with that logic and our own experience with Indian Political and Judicial system, Should we see this case of Mr. Dutt in isolation? Asked by: Ishank Sagar
A. No. What I mean is that absolute equality is a myth. Yet each accused has to be treated equal in the eyes of law, even when there may a wide divergence in their station of life.
Q. It will not act as a deterrent, it attracted attention because of Sanjay Dutt. deterrent will be when the likes of Dawood/ Raja Bhaiyya/ and many politicians are seen behind the bars. Sanjay was a spoiled brat, sin committed at a age when many young heroes are not able to separate their real and reel life. Asked by: S ESHWAR
A. You are right. That is why he was not awarded the maximum sentence. Thankfully, even two former Chief Ministers are also serving their sentences at this time.
Q. Which jail will he be going to? Asked by: abdul
A. I am not certain of that.
Q. Although for the time being Mr Sanjay Dutt has been sent behind bars, but I can say it with full responsibility and conscience that "he will not serve the entire punishment, very soon he will be pardoned". I can say because of the hypocrisy of our political system and our society. We have seen a lot of voices being raised for clemency to Mr Dutt. All sort of ridiculous arguments is being made to save him. I just want to ask you one thing, When we see such things happening that a person who has been found guilty of a criminal conduct is being so vociferously defended and being glorified by a lot of hypocrite and so-called socially advanced class including media, politicians, constitutional dept. heads, then Why I should not agree with the naxalites and people like Arundhati Roy, when they charge India of being a Demonocracy? Where does in a Democracy it happens that A person is made free of his criminal charges just because he is a famous personality? Asked by: Ishank Sagar
A. Let's hope that doesn't happen. Otherwise an impassioned will gain ground that the rich and famous are treated differently, and that prison is only for the poor. We hope that law will assert it self and prove that 'be you ever so high, the law is above you'.
Q. Have we become sadist or something like that? If a person of high stature is denied bail we are happy,if not there is corruption. What about innocent till? Asked by: Kamal Agg
A. This is not sadism. This is a process of Justice. The society attains catharsis when guilty are punished. In this case Sanjay Dutt, has been found to guilty beyond reasonable doubt, both by the Trial Court after a full fledged trial, as well as by Supreme Court of India.
Q. Is 3.5 years means, 2 years in terms of jail..how the days calculated..for prisoners. Asked by: Rakka
A. It all depends on the prisoner's Behaviour in Jail. Remissions are granted according to a fairly complicated formula
Q. So now Salman Khan in the queue for jail? Asked by: Rohit
A. I am sure that law will have its course.
Q. This is not a simple incident, it is a massacre. There is every chance that people can doctor the evidence when they are on bail. Isn't there a way that this can be controlled? Asked by: KC
A. That is why in heinous cases, bail is not granted till the evidence is recorded.
Q. The supreme court found him guilty and he is going to serve his prison term, and what is the big deal? Is film star about law? Can we not take lesson from USA and other western countries? Asked by: mohan
A. No one is above the law. We should be proud of our country.
Q. Dear Sir, Do you think we should do all our justices with high priority where we are giving more time for all guilty like 10-20 yrs? in case of Sanjay Dutt it took 20 yrs from 33old to 53? Asked by: sumit Herwatta
A. I entirely agree. We should give top priority to Justice system.
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