SC rejects Dutt's plea to contest LS polls

New Delhi, Mar 31 (PTI) Bollywood actor Sanjay Dutt
will not be able to contest Lok Sabha elections as the
Supreme Court Tuesday rejected his plea for a stay on his
conviction in the 1993 Mumbai blasts case, saying he was
convicted for serious offences.

"In view of the serious offence for which he has been
convicted...we are not inclined to suspend the conviction and
sentence awarded by the Special Judge," a Bench headed by
Chief Justice K G Balakrishnan said dismissing Dutt's
petition.

50-year-old Dutt, who was to contest the Lok Sabha
polls from Lucknow as a Samajwadi Party candidate, said he
respects the court's decision. "I am a law-abiding citizen...I
really respect the decision of the court...Lucknow is my home
whether I contest the election or not".

Dutt had sought suspension of his conviction under the
Arms Act in connection with the Mumbai blasts case. He has
been sentenced to six years imprisonment and is out on bail
granted by the apex court.

Observing that Dutt is a well-known artiste and not a
"habitual offender" and whose father was also a well-known
actor deeply involved in politics, the Court, however, said
despite all this it was not a fit case to suspend his
conviction.

The Bench rejected Dutt's contention that there was no
other criminal case against him and that his family
background could be considered for suspending his conviction
so that the bar on fighting elections under section 8(3) of
the Representation of People Act (RPA) will not operate
against him.

"Despite all these favourable circumstances, we do not
think that this is a fit case where conviction and sentence
could be suspended," the Bench, also comprising Justices P
Sathasivam and R M Lodha, said in its nine-page judgement.

The apex court said the election law prohibits Dutt from
contesting the polls.

"Law prohibits any person who has been convicted of
any offence and sentenced to imprisonment for not less than
two years from contesting the election and such person shall
be disqualified for a further period of six years since his
release", the Bench said.

It said the power of the court to stay the conviction to
enable a convict contest the elections has to be exercised
rarely.

The Bench rejected Dutt's contention that his case
should be considered on the lines of that of BJP leader Navjot
Singh Sidhu whose conviction and three year imprisonment in a
road rage death case was stayed by the apex court to enable
him to contest an Amritsar Lok Sabha bye election. PTI RKS
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