State can’t put Sanjay Dutt back in jail, only Bombay HC can: Legal experts

Mumbai: Legal experts have opined that state government cannot revoke the remission given to Bollywood actor Sanjay Dutt as the power to revoke it lay with the Bombay high court and not the government.

The state government on Thursday submitted before the high court that if the court feels that Dutt had been wrongly granted remission then he could be sent back to the jail.

Senior counsel Nitin Pradhan said, “I am doubtful whether the state has the power to revoke the remission given to Dutt. But if the HC finds that favours were given to the prisoner while granting the remission, then it can direct him to be sent to the jail”. He added that in every jail there is an assessment committee in which some social workers are also involved. “That committee gives a report on someone’s good behaviour, while granting parole and furlough. But granting remission on sentences is a completely bureaucratic and ministerial decision,” he said.

Senior counsel Rajendra Shirodkar, who appears in  a case related to the Maharashtra Navnirman Sena chief Raj Thackeray said, “The state cannot revoke its own decision regarding the remission given to Sanjay Dutt because they must have some reasons in their hand while giving remission. But the high court has the powers to send him back in jail.”

Mr Shirdokar said, “There is Maharashtra Prison (remission) rules, in which all the criteria is mentioned. “After going through these rules the jail superintendent and the Director General of Prison (DIG) decide conduct of prisoner is good or bad,” he explained.

Shirodkar said that in future, when the state government puts forth it’s reasoning before the court, the court might find that the decision is not in accordance with the laws. “The court can then direct him to be sent back to jail.”