Court opens probation officer's report

Mumbai, June 7: Designated TADA judge P D Kode today opened the probation officer's report which will decide the fate of Bollywood actor Sanjay Dutt in the 1993 Mumbai serial blasts case.

Judge Kode opened the sealed envelope and after studying it handed it to Special Public Prosecutor Ujwal Nikam, who perused it and returned it to the Court.

Dutt's lawyer Satish Maneshinde objected to this saying as per the Probation of Offenders Act (POA), the report should be confidential and not known to anybody.

Responding to this, the court said it is the discretion of the presiding officer to allow the report to be read by Public Prosecutor as the report has been submitted by an officer of the State government, which is being represented by Nikam.

After the arguments, the Court ordered that the report be sealed kept in the custody of Registrar of Court.

Dutt and his friend Yusuf Nalwala, Karsi Adjania and Rusi Mulla had made an application under the Probation of Offenders Act (POA), praying the Court to release them under the Act instead of sentencing them.

Arguments on the actor and his friend's plea earlier took place in the Court.

It is mandatory for the Court to call for the report of the Probation officer before extending the benefit to a convict.

Like Sanjay Dutt, other 69 blasts convicts had also moved a similar plea but Judge Kode on the previous occasion indicated that the Court will not extend the benefit of the Act to those found guilty under TADA.

Dutt and his friends were acquitted from TADA charges but were found guilty under the Arms Act, which has a minimum sentence ranging from five years to 10 years.

Today while sentencing Ejaz Pathan and Sheikh Ali, the Court directed Dutt and other eight convicts, who are out on bail, to appear before the Court on June 14. The Court may decide their fate on the same day.

Special Public Prosecutor Ujwal Nikam, told media persons that since the report pertaining to the convicts found guilty under the Arms Act had already been received by the Court, it may pronounce its verdict on June 14, the day when Dutt and others have been asked to appear.

Dutt, who was wearing jeans and an yellow shirt was anxiously watching the proceedings.

Meanwhile, in a related development, the Court also directed women convicts Rubina Memon, Zaibunissa Qazi and Mubina Baya to remain present on June 14, as the Court may also decide their fate on that day.

However, the Court has also indicated that it may decide the fate of dismissed Customs Collector Somnath Thapa and Imtiyaz Ghawte, who were granted bail on medical grounds.

So far, the Court has awarded punishment to 73 convicts. A total of 27 convicts are yet to be awarded punishments, including Sanjay Dutt.

The Court had divided the convicts into three groups. One group belonged to the bomb planters, the second of the members of Memon family and the third group belonged to the convicts who are out on bail, including Dutt.

UNI