Bollywood actor Sanjay Dutt was cleared of conspiracy charges in connection with the 1993 Mumbai blasts, but found guilty of illegal possession of weapons.
In what could impact Bollywood actor Sanjay Dutt's case, the Supreme Court today said an important point had been overlooked while another convict was sentenced for similar charges.
The observations were made on a petition by Sanjay Dutt's close friend, Yusuf Nulwala, who, like him, was convicted in the 1993 Mumbai blasts.
Both were sentenced to five years in jail for illegal possession of weapons under the Arms Act.
In his petition, Yusuf Nulwala has argued that an AK-56 rifle is "not an automatic weapon" according to Indian law, so his sentence cannot be more than three years in jail. As he had already served three years, he should be released, his lawyer said.
The Court said, "Everyone overlooked this aspect. Trial court and this Court... Also review was dismissed. Now you have option of filing curative petition. File curative."
In 2007, Mr Dutt was cleared of conspiracy charges in connection with the blasts that killed 257 people and injured over 1,000. But he was found guilty of illegal possession of an AK-56 rifle and a pistol. He had served 18 months, but was out on bail, fighting the conviction until a court in March 2013 ordered him back to jail in Pune.
If the court accepts Nulwala's contention in a curative petition then it could automatically impact Mr Dutt's case. The Bollywood star will have to file a separate petition quoting Nulwala's petition.