Rashmun, Commander Nanvathi's case is totally different from that of Sanjay Dutt

by Rishi Mon Mar 25, 2013 6:21 pm

The Justice goes on to state that since Dutt’s crime is less serious
than that of murder (as in Commander Nanavati’s case), a pardon should
be considered. To my mind, the two cases do not even begin to compare.
Cdr Kawas Manekshaw Nanavati was a naval officer who, in April 1959,
shot dead his friend Prem Ahuja after he found out that he had been
having an affair with his wife, Sylvia Nanavati. But it wasn’t as simple
as that. Apparently, Cdr Nanavati wanted to shoot himself. However, he
first asked Ahuja whether or not he was willing to accept Sylvia and his
children. After Ahuja supposedly said, “Do I have to marry every woman that I sleep with…Get the hell out of here…”
a scuffle ensued, in which it is claimed Cdr Nanavati shot his friend
“by mistake”. The prosecution argued though that it was premeditated
murder. The long and short of it was that Cdr Nanavati was found not
guilty of murder by a jury. The judge found it to be a miscarriage of
justice and the case went to re-trial where the prosecution’s version
was upheld, he was found guilty and sentenced to life imprisonment.
After serving three years of his sentence, he was pardoned by the
then-Governor of Maharashtra, Vijaylakshmi Pandit. Yet, there is one
crucial difference between Cdr Nanavati’s and Dutt’s case – Cdr Nanavati
voluntarily surrendered to the Provost Marshall of the Western Naval
Command and confessed to the murder. Moreover, if the Nanavati pardon is
to be the precedent for and the pivot of Justice Katju’s argument,
let’s not forget that the Commander was granted a pardon only after Ahuja’s sister granted the permission
to do so. This is an important detail because it shows that the
Nanavati case was between two individuals and the law. Ultimately, it
was Ahuja’s next of kin who suffered the most and whose prerogative it
was to grant that permission. Sanjay Dutt’s conviction is between a man,
the law and society. In such a scenario, who has the prerogative to
give such a permission?

http://www.newslaundry.com/2013/03/katju-reads-sanju-his-rights/

by Guest Mon Mar 25, 2013 7:44 pm

The best debate I have seen on this issue is the one on Times Now with the anchor Arnab Goswami featuring two top Supreme Court lawyers and a retired Supreme Court judge. This is the first part of the debate:

http://www.timesnow.tv/Debate-Political-fight-over-Sanjay-Dutt---1/videoshow/4423896.cms

by Guest Mon Mar 25, 2013 8:19 pm

justice katju's response to the delhi rape case: http://justicekatju.blogspot.com/2012/12/the-delhi-gangrape-case.html

Why is he now making a hue and cry abt the supreme court's sentencing of Sanjay Dutt now and not making a hue and cry about all the things that he mentioned in his blog when ppl were rightfully agitated abt the delhi gangrape case?

Can't believe such ppl served as the judges in the indian courts.

by Guest Mon Mar 25, 2013 8:25 pm

nenu wrote:justice katju's response to the delhi rape case: http://justicekatju.blogspot.com/2012/12/the-delhi-gangrape-case.html

Why is he now making a hue and cry abt the supreme court's sentencing of Sanjay Dutt now and not making a hue and cry about all the things that he mentioned in his blog when ppl were rightfully agitated abt the delhi gangrape case?

Can't believe such ppl served as the judges in the indian courts.

Former Union Law Minister and legendary lawyer Shanti Bhushan supports the view that Sanjay Dutt should be pardoned:

http://www.thehindu.com/opinion/lead/this-plot-needs-a-new-ending/article4548129.ece

by Guest Mon Mar 25, 2013 8:41 pm

Rashmun wrote:
nenu wrote:justice katju's response to the delhi rape case: http://justicekatju.blogspot.com/2012/12/the-delhi-gangrape-case.html

Why is he now making a hue and cry abt the supreme court's sentencing of Sanjay Dutt now and not making a hue and cry about all the things that he mentioned in his blog when ppl were rightfully agitated abt the delhi gangrape case?

Can't believe such ppl served as the judges in the indian courts.

Former Union Law Minister and legendary lawyer Shanti Bhushan supports the view that Sanjay Dutt should be pardoned:

http://www.thehindu.com/opinion/lead/this-plot-needs-a-new-ending/article4548129.ece

"I have been asked my opinion by many people about the recent gangrape of a girl in a bus in Delhi. I strongly condemn this crime, and am of the opinion that those who are found guilty by a court of law should be given harsh punishment.

At the same time, I would like to know whether the same hue and cry which has been raised about it in the media and in Parliament would have been raised had this incident happened in some other part of India, particularly in rural India. I am sure it would not. But surely Delhi is not the whole of India.

There has been hardly any hue and cry to a similar extent about the 250,000 farmers suicide in Vidharbha , Andhra Pradesh and elsewhere over the last 10-15 years( an average of 47 farmers suicide per day, which is still continuing) which is a world record of farmers suicide. There has been very little hue and cry about the fact that 48% of Indian children are malnourished, which is a rate far higher than the Sub-Saharan African countries like Somalia and Ethiopia where the child malnourishment rate is about 33%.

There is very little hue and cry about the massive unemployment in India, the almost total lack of healthcare for our poor people who cannot afford the expenses of a doctor or medicines and have to go to quacks. Education in India is in shambles. Most of the money given by the govt goes to IITs and some other institutes of higher learning but hardly any money is given to primary schools ( particularly in rural areas) where the foundation of knowledge is laid. Prices are skyrocketing, and one wonders how our 80% poor people are surviving, but there is no such hue and cry about it in the media or even in Parliament. There are many others huge socio economic problems facing the nation but very little is discussed about them.

I am not trying to justify rape but I only request people to maintain a balance and not hype the Delhi gangrape incident as if it is the only problem in the country. Section 376 Indian Penal Code already provides for a maximum of life sentence for rape, and I see no reason why capital punishment should also be provided for it."

Why is he making such a hue and cry about the Sanjay Dutt case now and not about the above things?

by Guest Mon Mar 25, 2013 8:43 pm

nenu wrote:
Rashmun wrote:
nenu wrote:justice katju's response to the delhi rape case: http://justicekatju.blogspot.com/2012/12/the-delhi-gangrape-case.html

Why is he now making a hue and cry abt the supreme court's sentencing of Sanjay Dutt now and not making a hue and cry about all the things that he mentioned in his blog when ppl were rightfully agitated abt the delhi gangrape case?

Can't believe such ppl served as the judges in the indian courts.

Former Union Law Minister and legendary lawyer Shanti Bhushan supports the view that Sanjay Dutt should be pardoned:

http://www.thehindu.com/opinion/lead/this-plot-needs-a-new-ending/article4548129.ece

"I
have been asked my opinion by many people about the recent gangrape of a
girl in a bus in Delhi. I strongly condemn this crime, and am of the
opinion that those who are found guilty by a court of law should be
given harsh punishment.

At the same time, I would like to know whether the same hue and cry
which has been raised about it in the media and in Parliament would have
been raised had this incident happened in some other part of India,
particularly in rural India. I am sure it would not. But surely Delhi is
not the whole of India.

There has been hardly any hue and cry to a similar extent about the
250,000 farmers suicide in Vidharbha , Andhra Pradesh and elsewhere over
the last 10-15 years( an average of 47 farmers suicide per day, which
is still continuing) which is a world record of farmers suicide. There
has been very little hue and cry about the fact that 48% of Indian
children are malnourished, which is a rate far higher than the Sub-Saharan African countries like Somalia and Ethiopia where the child malnourishment rate is about 33%.

There is very little hue and cry about the massive unemployment in
India, the almost total lack of healthcare for our poor people who
cannot afford the expenses of a doctor or medicines and have to go to
quacks. Education in India is in shambles. Most of the money given by
the govt goes to IITs and some other institutes of higher learning but
hardly any money is given to primary schools ( particularly in rural
areas) where the foundation of knowledge is laid. Prices are
skyrocketing, and one wonders how our 80% poor people are surviving, but
there is no such hue and cry about it in the media or even in
Parliament. There are many others huge socio economic problems facing
the nation but very little is discussed about them.

I am not trying to justify rape but I only request people to maintain a
balance and not hype the Delhi gangrape incident as if it is the only
problem in the country. Section 376 Indian Penal Code already provides
for a maximum of life sentence for rape, and I see no reason why capital
punishment should also be provided for it."

Why is he making such a hue and cry about the Sanjay Dutt case now and not about the above things?

This thread is about Sanjay Dutt. It is not about Katju and not about rape. You sound like you have not been on ym for a long time.

by Idéfix Mon Mar 25, 2013 8:45 pm

nenu wrote:Why is he making such a hue and cry about the Sanjay Dutt case now and not about the above things?

Markji is not known for consistency or for thinking things through before saying them. He should apply for the job of Congress spokesperson.

by Guest Mon Mar 25, 2013 8:47 pm

this thread is abt Katju and his arguments about the Sanjay Dutt case. Looks like you have no clue what you are discussing.

Got loose motions from all the food from the "tamil' restaurant? Did the Iyerini ditch you? When are you even getting married? Aren't you racing fast towards your 40s, Uncleji?

by Guest Mon Mar 25, 2013 8:48 pm

trofimov wrote:
nenu wrote:Why is he making such a hue and cry about the Sanjay Dutt case now and not about the above things?
Markji is not known for consistency or for thinking things through before saying them. He should apply for the job of Congress spokesperson.

NEW DELHI: Press Council of India (PCI) chairperson Markandey Katju, under attack from BJP leader Arun Jaitley, has been praised by noted jurist Fali S Nariman for his newspaper article which was critical of Narendra Modi.

In an email to Katju sent on Friday, before the war of words between the BJP leader and the PCI chief erupted, Nariman said the article was "outstanding".

"I already telephoned and told you how pleased we were with the article in this morning's HINDU, but I must place it on record. It is an outstanding (article) - it needed to be said by a person who doesn't merely pretend to support human rights but lives it every moment of his life," Nariman said.

http://articles.economictimes.indiatimes.com/2013-02-18/news/37160510_1_markandey-katju-post-retirement-job-arun-jaitley

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Rashmun, Commander Nanvathi's case is totally different from that of Sanjay Dutt

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