tag:blogger.com,1999:blog-10408107.post5756727454735351846..comments2023-07-13T19:48:40.043+05:30Comments on Beyond Labels: The Sanju Baba Touchstoneseethahttp://www.blogger.com/profile/03595747396350996728noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-10408107.post-40481408546856263642013-03-28T10:43:21.675+05:302013-03-28T10:43:21.675+05:30All this is a self creation. It is a verdict of a ...All this is a self creation. It is a verdict of a court which has to be honoured by all concern and all this hype has been created for a person who has been covicted by a court of law. What about thousands of other persons who are languishing in jails on the same footing and even for no crime or even for want of security to arrange Bail for themselves. These Amarsinghs-----, Jaya Pardas---- and all and sundry have not taken any cudgels for them. It is a political gimmick. Power of pardon, remission can be exercised upon discovery of an evident mistake in the judgment or undue harshness in the punishment imposed, which is not the case in Sanjay Dutt's case as the SC has imposed the minimum prescribed sentence. Judicial decisions, legal text books, reports of Law Commission, academic writings and statements of administrators and people in public life reveal that the following considerations have been regarded as relevant and legitimate for the exercise of the power of pardon.<br />Some of the illustrative considerations are:<br />(a) interest of society and the convict;<br />(b) the period of imprisonment undergone and the remaining<br />period;<br />(c) seriousness and relative recentness of the offence;<br />(d) the age of the prisoner and the reasonable expectation of<br />his longevity;<br />(e) the health of the prisoner especially any serious illness from<br />which he may be suffering;<br />(f) good prison record;<br />(g) post conviction conduct, character and reputation;<br />(h) remorse and atonement; (i) deference to public opinion. It is wothwhile to read the written submissions of Mr. Soli Sarabjee, Senior Counsel in the matter WP (Crl.) No. 284-285/2006<br />Epuru Sudhakar & Anr. vs. Government of Andhra Pradesh & Ors.sanjay shangarinoreply@blogger.comtag:blogger.com,1999:blog-10408107.post-18068494320774988272013-03-27T19:17:21.075+05:302013-03-27T19:17:21.075+05:30the fact that he didn't kill anyone does not t...the fact that he didn't kill anyone does not take away from the fact that he did violate a law about illegal possession of arms. he has been convicted on that count. so he has to serve the sentence that is relevant to that law. just like the others i have mentioned have to serve the sentence for murder. all that i am arguing is that once someone has been sentenced - after exhausting all appeals to different levels of the judiciary - the person has to serve the sentence. regardless of who that is or what the crime is. <br />how does the political context become relevant? if a political context has to be seen for sanjay's case, why not social or cultural or other contexts for other offenders? if sanjay dutt has been wrongly convicted, let that be challenged in court. why bring in his character, his parents, his social background and all kinds of extraneous things into it?seethahttps://www.blogger.com/profile/03595747396350996728noreply@blogger.comtag:blogger.com,1999:blog-10408107.post-44345982589776500052013-03-27T12:58:49.828+05:302013-03-27T12:58:49.828+05:30Inductive logic can be very erratic as this argume...Inductive logic can be very erratic as this argument so convincingly shows. We need to argue from case to case, and also based on certain basic deductive principles. If Sanjay Dutt had killed any person, even a provocative phone-caller, then he would have had to pay the price for murder. There is no escape. Manu Sharma could have thrown tantrums as a pampered boy but once he shot dead Jessical Lal, then he crossed the clear red line. There are not many extenuating circumstances for killing somebody except in self-defence, and that has to be proved beyond reasonable doubt. There is a political context to the Sanjay Dutt case, none for Manu Sharma and others. The middle class babas and bibis held their candle vigils for one of their own class, which is perfectly legitimate. That they did not do so for the children killed in Noida cannot be held against the well-heeled middle class. There is the economics of sympathy and empathy.Parsa Venkateshwar Rao Jrnoreply@blogger.com