Advocate and former bureaucrat Abha Singh requested Maharashtra governor K Sankaranarayanan to ignore the pardon request made by Justice Katju for the Bollywood star

Advocate and former bureaucrat Abha Singh has moved the Maharashtra governor K Sankaranarayanan to ignore the pardon request made for Bollywood star and convict Sanjay Dutt by justice Markandey Katju, chairman of the Press Council of India (PCI).

In a letter she said, “Since any action on that letter would appear to the people as if it was being done after getting impressed by the statutory authority of justice Katju as chairman of PCI, even though this may be his personal opinion.”

Last week, the Supreme Court upheld conviction of Sanjay Dutt under the Arms Act in the 1993 Mumbai serial blasts case. The apex court had said, the circumstances and nature of offence (of Dutt) was so serious that he cannot be released on probation. “... (the) evidence and materials perused by the Terrorist and Disruptive Activities (Prevention) Act (TADA) court in arriving at the decision against Dutt was correct,” the Supreme Court said.

Earlier, justice Katju, in his letter had asked governor Sankaranarayanan to consider a pardon for Dutt citing number of reasons like the Bollywood star was not a terrorist and that his parents had done a lot of social work.

Actor-turned-politician Jaya Prada, Congress leader Digvijaya Singh, actor Rajinikanth and even West Bengal chief minister Mamata Banerjee are demanding that Dutt be pardoned.

Here is the letter Abha Singh sent to the governor...

                                                                                                                                                   26 March, 2013

To

The Hon'ble Governor

Maharashtra State

Mumbai

SUB: Not to Assign Cognisance to the Request Made by Press Council of India Chairman to Pardon Sanjay Dutt. 

Sir,      

            It has been widely reported that the Chairman, Press Council of India, Shri Markandey Katju, has written to you to pardon Sanjay Dutt, who has been convicted by the Supreme Court for 5 years imprisonment for having taken AK-56 rifle and hand grenades through the now Pakistan-based terrorist, Anees Ibrahim, the brother of global terrorist and international drug trafficker, Dawood Ibrahim, and from the dreaded terrorists Abu Salem, Mohammad Dossa. A copy of this letter, as appearing in his blog, is annexed.

2. It is submitted that this letter has been written by Shri Katju, while being in the position of the Chairman, Press Council of India, which exudes an eloquent colour of his statutory authority. This authority stems from the powers accorded to him under the Press Council Act, 1978, and Rules made there under.

3. It is also seen that Chairman, Press Council of India is a very powerful post and he in that capacity has to adjudicate on complaints of many government officers and political entities with reference to critical articles against them. Therefore, it would be very difficult for any government to undermine his recommendations on any issue, even though it may be his private issue in contrast with his statutory view.

3. That being so, there is a perception among the people, that the government of Maharashtra is being swayed by the colour of statutory authority of the Chairman, Press Council of India, irrespective of the fact that it may be so or not so.

4. It is a settled principle of law and it is that—justice should not only be done but seen to be done. Thus, if any decision is taken to interfere with the judgment of the Supreme Court and accord a pardon, the public shall harbour an apprehension, that the same has been done after getting influenced by the colour of the strong statutory authority of the Chairman of the Press Council of India.

5.Under such circumstances, this is to request you to not to assign any cognisance to the letter under reference, and the same may be filed.

                                                                     Yours faithfully,

                                                                                            (Abha Singh)