Mumbai, Nov 28: After a trial spanning 13 years, Sanjay 'Munnabhai' Dutt was today acquitted of the grave charge of conspiracy in the 1993 serial blasts here but was
convicted for a much lesser offence under the Arms Act by a Tada court that ruled the Bollywood actor was not a terrorist.
The 47-year-old Sanjay, whose popularity has zoomed after the two super-hits "Munnabhai MBBS" and its sequel "Lage Raho Munnabhai", will not go to jail immediately since judge P D Kode extended his bail till December 19.
As with 90 others convicted in recent weeks in the blasts case, the judge did not pronounce the quantum of sentence immediately.
Dressed in a checked shirt, a visibly tense Sanjay was present in the jam-packed and heavily-guarded court when the verdict was pronounced to the relief of his family and
friends. This sense of relief echoed through Bollywood, where movies involving an investment of more than Rs 150 crore are riding on his acting prowess.
Sanjay, who has already spent nearly 16 months in jail in two spells during the trial, was convicted under sections 3 and 7 read with Section 25(1-a)(1-b) of the Arms Act, for
possessing an AK-56 rifle and a 9mm pistol, and faces a prison term ranging from five to 10 years.
But legal experts gave conflicting opinions on what the quantum of punishment would be.
Pointing out that Sanjay had already spent considerable time in jail, Union Minister Kapil Sibal, himself an eminent lawyer who represented Sanjay in a bail case before the Supreme Court, said the actor may just be punished with a fine. Others said he might get a prison term that he could appeal.
Giving his verdict, Judge Kode said, "During my reasoning I have not found him (Sanjay) to be a terrorist.
"Considering matters in his confession and also taking into account certain admissions from other evidence, I accept the stand of Sanjay of acquiring and possessing weapons for self-defence," he said.
The court acquitted Sanjay's friends Yusuf Nallawalla and Kersi Adajenia of terrorism charges but found them guilty under the Arms Act and for destroying evidence by melting an AK-56 rifle in a foundry and disposing of the remains.
The court held Zebunisa Qazi guilty of abetting terrorist acts by keeping weapons delivered to her by gangster Abu Salem and his men from Sanjay's residence.
The court also held former additional customs collector Somnath Thapa guilty of participating in the conspiracy behind the 1993 blasts, which killed 257 people,
and for aiding and abetting terrorist acts.
With a red tilak on his forehead and sporting a gold locket, a tense looking Sanjay sat on the last bench in the dock while awaiting the verdict.
He appeared relieved on hearing the verdict and urged the court to grant him bail, saying he had to arrange the education of his daughter Trishala in the US and complete various film projects worth crores of rupees that were riding on him.
The court extended his bail and gave him time to surrender by December 19, while asking him to furnish two sureties of Rs five lakh each.
"I am happy that I have been acquitted of Tada charges," Sanjay told reporters outside the court and refused to comment further.
Prosecutor Ujjwal Nikam, however, told reporters that the case against Sanjay attracted Section 5 (possession of arms) of Tada and he would advise the government to file an appeal.
The court acquitted Sanjay of the charge of conspiracy, saying there was no evidence to show his nexus with Dawood Ibrahim and others to commit terrorist acts like
the 1993 bomb blasts.
The court also acquitted him of charges under Tada including Section 3(3) for aiding and abetting terrorist acts, Section 5 for possessing a prohibited weapon and Section 6,
which provides for enhanced punishment for contravening other laws.
The court accepted Sanjay's confession that he had possessed weapons in self-defence after the 1993 communal riots and said he was being acquitted under the Tada Act as he
did not have the intention to commit terror acts.
The court also took into the account various Tada judgements which have held that mere possession of weapons is insufficient to attract the provisions of Tada, and that it would be necessary to consider whether the accused had an intention to commit terrorist acts.
While holding former Additional Customs Collector Somnath Thapa guilty of conspiracy and aiding terrorist acts by helping conspirators in smuggling arms and ammunition that were landed at the Shekhadi coast in Raigad, the court upheld
the charge that he had accepted a bribe of Rs 22 lakh.
It said that though Thapa had specific knowledge that arms would be transported from Shekhadi by a particular route, he laid a trap elsewhere and facilitated the smooth passage of weapons and RDX to Mumbai.
Judge Kode gave Thapa time till December 18 to surrender after he said he was suffering from cancer and had to undergo chemotherapy.
The court also held Zebunisa Kazi guilty of offences under Sections 3(3) and 6 of the Tada Act for keeping weapons brought from Sanjay's residence to her house by Abu Salem and his Associate Mansoor Ahmed Sayed. However, she was acquitted under Section 5 of Tada (possessing weapons) and the Arms Act.
Zebunisa pleaded she needed time to surrender as she had two grown-up daughters to look after. She was given two weeks to surrender and asked to furnish a bond of Rs three
lakh.
With the five persons held guilty today, the number of people convicted for the 1993 serial blasts has risen to 91. Another 23 people have been acquitted. One of the accused,
Hanif Kadawala, is dead and the verdict is yet to be pronounced for eight accused.
Bureau Report