Current Topics - A Step Towards Justice for All?
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| Current | A Step towards Justice for All? |
| Jul 07 | A Question of Decency |
| Jun 07 | India's Environmental Challenges |
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| Apr 07 | Three Lives Lalu Prasad Yadav Manu Sharma Arundhati Roy |
This month we dip our toes in the celebrity world of Sanjay Dutt; convicted on July 31st for possession of weapons.
A Step towards Justice for All?
We have already covered some of the details of the murder Manu Sharma regarding Jessica Lal. The Sanjay Dutt case has both similarities and differences that seem worthy of a short review.
In 1993 there were a series of bombings in Mumbai. The bombings were by pro-muslim factions and believed to have been organised and financed by, mob Don, Dawood Ibrahim Kaskar, his henchman Tiger Memon the muslim dominated mafia of Mumbai. The bombings stuck in the mind of many Indian as 'black-friday' followed on from Hindu-Muslim rioting a few months earler and had a knock on effect with the demolition of the Ayodhya Temple.
Sanjay Dutt (born Sanjay Babu in 1959) is one of Bollywood's golden boys. Changing from the pure-of-heart hero to hard headed gunsliging hero and latterly more comic perfomances. Wealthy and successful, Dutt was found in possession of AK-47 and AK-56 assault rifles, a pistol and ammunition, including grenades, in 1993. Dutt admitted possession (although now denies the fact) and others were implicated in helping to destroy the weapons and cover up the possesion. To many Americans, possessing a weapon, is a right. In Europe and in India all weapons are outlawed without both a permit and a very sound case for posession. Assault rifles are banned completely and in the UK, possession of a hand gun carries a potential 5 year sentence. Sanjay Dutt got 6 years.
Had he been tried under TADA (Terrorism & Disruption Prevention Act) he would likely have spent most of the rest of his life behind bars. TADA was brought in 1985 and lapsed in 1995 as it was seen by many as draconian and biased against minorities (including Muslims). The offense took place before TADA lapsed but the case took 13 years to complete. The 1993 bombings have resulted in 100 people convicted, 686 witnesses and 13,000 pages of testimony. A dozen people were sentenced to death, while 20 others face life sentences.
The Sanjay Dutt trial is one of several candidates as 'India's OJ Simpson' with columns and columns of articles, TV coverage, national polling and Bollywood machinery rolling out in support and leading the appeal campaign.
(OJ Simpson - Acquitted on 29th September 1995 for Case No. BA 097211; the double murder of Nicole Boon Simpson and Ronald Goldman - see www.crimelibrary.com)
Dutt has served 18 months awaiting trial and many have cited his 'impeccable behaviour' over the last decade as a reason for a non-custodial sentence. Well, most of us behave in this 'impeccable' manner all our lives. Dutt is very, very wealthy and priveliged. He has also been implicated in planned bombings on the stock exchange and the Indian Reserve bank. In a series of recordings, in conversation with Mumbai's mob kingpins such as Chhota Shakeel, he discusses favours owed, extortion and problems with another star. Dutt has a history of alcohol abuse, rumours regarding drugs and Bollywood is a popular investment route for crime-related earnings to become legitimate. Dutt may not be the sharpest tool in the box as inferred by Shatrughan Sinha's reaction in 1998: "Don't be ridiculous! He doesn't even know what a stock exchange is." and is in line with popular opinion.
Dutt admits meeting Dawood at a party in Dubai and the recordings show a definite link. The rather dim star may well have succumbed to a mix of his own 'Rambo' image in possessing an assault rifle and may be a dupe in 'transporting' or 'looking after' ammunition and grenades. He didn't do it for the money as he doesn't need any so it must have been 1. Crass stupidity, 2. Knowing assistance to the mob, even if he was not aware of the intended use or 3. Returning a favour owed to the mob. None of these 3 options is an excuse. Dutt is likely to serve around 4 years having done 18 months. He could have got much more and only he will know whether he is truly lucky or harshly done by.
In the eyes of the law possession and not intent is the key. Dutt has been found guilty and much as with Manu Sharma the overwhelming evidence is of guilt. So, in spite of progress in geological rather than real time, justice appears to be strong and functional. The problem is that the money going into Bollywood is not checked and the masterminds of the Black-Friday bombings are still free. Criminal funds cannot be allowed to funds legal projects. At a corporate and judicial level the likelihood of transparency, fairness and human rights all suffer. Also, other stars such as Salman Khan walk free after killing on a drunk drivink expedition.
Like the OJ simpson trial, there is more to the Sanjay Dutt case than the actual crime. Race or creed is and underlying issue. The tensions between Hindu and Muslim bubble under the surface much as the race issue was seen to be in LA. Corruption has reared it's ugly head and the media must take the blame for some of the recent circus in both cases. With the OJ case evidence regarding the sale of a stiletto knife to Simpson was not submitted as the National Enquirer had paid $12,500 to emplyees at the shop. Similarly the playing of telephone conversations betwen Dutt and others by the media had to be stopped by the Judge. Unlike the OJ trial the decision was guilty and Dutt is undoubtedly a bigger and more current star thn was OJ.
Most of us want justice to be fair, transparent and timely. The media help to demand this but undermine it's function in the drive for the biggest scoop and maximised viewing. Celebrity and notoriety are being blurred and OJ may well have been found guily if a key police detective had not been shown to be a racist; allowing the defence to play the race card in a bare knuckles summation. Money and celebrity are tied intrinsically to both cases, with Dutt the background of movie financing and power in Bollywood, with OJ a $20m cost for the suit, $4.2m book deal for the Lead Prosecutor Marcia Clark. Ms Clark's bank balance and celebrity/notoriety rating have done well even if her moral and ethical stance fared less well. Dutt is guilty but it is only a step in the right direction to where evidence and the search for the truth counts for more than money, slick lawyers and image. This is a global issue. If you ask a child what they want to do when they grow up and the answer is "I want to be famous" and they can't think of a skill or talent they want to be famous for then our role models are wrong. Didn't you get annoyed when older people went on about how things were better in the old days? Well they weren't really except that at school everyone wanted to be something - teacher, doctor, actor, fireman, pilot or designer - being rich was secondary a bonus for excelling and fame may follow. The criminal element must be pursued, high profile criminals even more so as "getting away with it" sends the wrong message.
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