The Supreme Court, which had upheld Dutt's conviction on March 21, 3013, had asked him to surrender on or before April 18, 2013. His jail sentence was, however, reduced from six to five years. Dutt, son of late actor-turned-politician Sunil Dutt, has already served 18 months in jail and will now have to spend another three-and-half-years in jail.
His counsel urged the court to release him on probation, considering his past conduct and involvement with charitable and social work. Dutt's imprisonment is also expected to give a blow to the film industry for many of his films are currently under production.
Dutt moved his petition on similar grounds like Zaibunissa Kazi, another convicted of possessing illegal arms and ammunition and also under the stringent TADA Act, arguing that their punishment should be kept in abeyance until the Maharashtra Governor or the President of India decided on the pardon.
The 71-yearpold Zaibunissa's five-year sentence announced by the Bombay High Court was upheld by the Supreme Court. The apex court had said that all convicts should surrender within four weeks of its upholding the high court judgment.
Both Dutt and Zaibunissa's plea will be heard on Tuesday.
A special TADA court had convicted 100 people in the serial blasts case in which 250 people were killed and over 700 were injured. Dutt was convicted of illegal possession of arms in November 2006 but was acquitted of more serious charges of criminal conspiracy under the TADA, the now-defunct terror law.