Thursday, 28 March 2013

Letter to H.E. The President of India for Pardon to Zaibunnisa Kazi

                                                                                                                 March 28, 2013
1.      H.E. The President of India,
Rashtrapati Bhavan,
New Delhi.

2.      H.E. The Prime Minister of India,
South Block,
New Delhi.

3.      H.E. The Home Minister of India,
South Block,
New Delhi.

Your Excellency,
Re: Pardon to Zaibunnisa Kazi
I am appealing to you to pardon Zaibunnisa Kazi who has been sentenced to 5 years  imprisonment by the Hon’ble Supreme Court.  My reasons are as follows:
The legal position:

The power of the President to pardon etc is contained in Article 72 of the Constitution which states:

“The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence”

The leading case on the power of the President/Governor to grant pardon etc is the Constitutional Bench Judgment of the Supreme Court in Maru Ram vs. Union of India AIR 1980 SC 2147. It has been observed therein

“Considerations for exercise of power under Articles 72/161 may be myriad and their occasions protean, and are left to the appropriate Government, but no consideration nor occasion can be wholly irrelevant, irrational, discriminatory or mala fide. Only in these rare cases will the court examine the exercise”.

 In Kehar Singh vs. Union of India AIR 1989 SC 653, the Supreme Court observed that the judicial power and the power to pardon are totally different. The power of pardon cannot ordinarily be subjected to judicial review except on very narrow grounds mentioned in Maru Ram’s Case.

From a reading of these Constitutional Bench Judgments, the following principles   can be derived:

(a)  The power of pardon can be exercised for various reasons e.g. humanitarian considerations, and is not limited to the public good. This needs to be emphasized since it has been stated by some persons on TV Channels that the power of pardon can only be exercised for the public good. The Supreme Court observation in Maru Ram’s case that “Considerations for exercise of power under Article 72/161 may be myriad” is a complete reply to those who say that this power can only be exercised for the public good and for no other reason.

(b)  However, as observed in Maru Ram’s case, this power cannot be exercised for irrelevant, irrational, discriminatory or malafide considerations.

(c)    The court cannot sit as a court of appeal over the order of the President/Governor granting pardon. The scope of judicial review of such an order is extremely limited, and can be exercised only in rare cases when the court finds that such an order was malafide, arbitrary or discriminatory.

Maru Ram’s case and Kehar Singh’s case are Constitutional Bench judgments, i.e. judgments of 5 Judge Benches, and hence anything said to the contrary in judgments of smaller benches of the Supreme Court will not be good law.

Keeping in mind the above legal position we may consider Zaibunnisa Kazi’s case.

The Facts of Zaibunnisa Kazi’s Case:
In my opinion she should be pardoned for the following reasons:
(1)  She is an old widow of 70 years of age. She has been operated for a tumour in her kidney and she has to go for regular check-ups. Her legs have developed swelling so she has to be kept on a salt less diet. She can hardly walk or talk. I do not think that in her frail health she will survive 5 years in jail.
(2)  She has already spent about 9 months in jail.
(3)  Even on the merits of her case, I am of the opinion that she deserves pardon.
 In paragraph 125 of the Supreme Court judgment in her case it is clearly stated that she is innocent of the main charge of conspiracy in the 1993 bomb blasts. What she has been found guilty of is of having in her possession illegal weapons. This finding is based on the retracted confession of a co-accused Manjoor Ahmed. There was no recovery of any weapon in her house, nor has she made any confession. With due respect to the Hon’ble Supreme Court I have some reservations about the finding of Supreme Court on this point.

 Be that as it may, in my respectful opinion Zaibunnisa Kazi fully deserves pardon and therefore I am appealing to you to grant her pardon under Article 72 of the Constitution.

 I am reminded of the famous speech of Portia in Shakespeare’s ‘Merchant of Venice’ that justice should be tempered with mercy. In my opinion we should take the approach of Portia rather than that of Shylock who wanted a pound of flesh.

           I conclude by quoting a shloka of Brahaspati:
“Kevalam shaastram aashritya na kartavyo hi nirnayah
Yuktiheeney vichaare tu, dharamhaani prajaayate”
which means
“The decision should not be given merely by following the letter of the law
For if the decision is inappropriate, injustice will follow”
      With regards,
                                                                                          Yours faithfully,

                                                                                          (Markandey Katju)


  1. Extremely ridiculous to see Mr Katju to endorse sanjay dutt when he is guilty of posessing illegal arms, Has he ever represented a similar endorsement to similar convicts who have gone through long judicial process, if a justice does this because he is a celebrity shows that no one cares for common people and this nation is only for powerful and celebrities. If any citizen has committed a crime must face the law of the nation

  2. sir, one of the justice of your panel in S.C. said that with increase in age crime does not 83 yrs old grandmother,suffering from cancer and treated with a severe cancer operation on 14 sept.2001 and other ailments was not given any relief who was indirectly involved in a personal case under 498A and 304B but this 70 yrs old lady zabunissa kazi who was involved in a national level case of destruction along with sanjay dutt is offered with pardon even after being sentenced to jail for 5 yrs by the S.C. under TADA act who according to you cannot live for long which was similarly applicable for my not that inequality and against the constitution of India?

  3. Also sent to J katju,much before writing this letter by J Katju.To prove repeated( twice in 8 days,non-recovery circumstantially proves use in blasts) acceptance of hand granades and ammunition after listening that Anees Ibrahim Kaskar (friend of jewellery designer daughter,due to whom she didn't allegedly marry,owning 3 Cr flat even when father not alive )brother of Dawood sent explosives for bomb blasts,checking by opening bag by Bugum Kazi in presence of confessional statement of A-40 Hanif Kandawala,A-139-then absconder Abu Salem,A-119 Begum Zaibunnisa Kazi,A-117 Sanjay Dutt, all corroborating

    Dear Mr Justice,
    Mostrespectfully ,let me quote page 40-41 of Judgment in appeal by A-117 no 1060 of 2007-
    Quote"Confessional Statement of Manzoor Ahmed Sayyed
    Ahmed (A-89)
    Confessional statement of A-89 under Section 15 of
    TADA was duly recorded on 24.05.1993 (11:15 hrs.) and
    26.05.1993 (17:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193)
    the then DCP, Zone III, Bombay. The said confession reveals
    as under:
    i) A-89 was a good friend of Abu Salem.
    ii) He owns a Maruti 1000 bearing No. MP 23 B-9264.
    iii) On 22/23rd January, 1993, A-89 met A-139. A-139 gave
    the keys of his car to A-41 who kept a black bag of
    weapons in it.
    iv) A-139 and A-89 then went to the first floor of 22 Mount
    Mary, Vidhyanchal Apts. They gave the bag to an oldlady, viz., Zaibunisa Anwar Kazi (A-119) and told her
    that the arms were for the purpose of causing riots, and
    were sent by Anees Ibrahim - brother of Dawood
    v) A-119 looked at the contents of the bag and then kept
    it at her residence.
    vi) After 8 days, A-139 called A-89 again and together with
    A-40, they went to the residence of A-117 where he
    gave them a blue rexin bag and a carton.
    vii) Abu Salem and A-89 then went to the house of A-119
    and gave the carton and the bag to her. Abu Salem
    told A-119 to keep those weapons safely as they were
    to be used for orchestrating bomb blasts..."unquote
    May kindly like to peruse for curative petition soas to pray for life imprisonment to Begum Kazi and also investigating role of her daughter living beyond means due to popularly alleged friendship with the prime conspirator Annes Bhai brother of Dawood Bhai..,

    Navien Maxwell and Sita Kak

  4. Ref inappropriate appeal for Pardon dtd 28/3/13,by Retd Justice Katju ignoring ammunition including 25 hand granades thrown on poors in Machhimar Jhoparpatti being recd by Sanjay Dutt(33 then and educated in best schools thus exposed to law reading regularly newspapers) in full active discussion as per enclosed confessions in
    Dear Mr President/Mr Prime Minister/Mr Home Minister
    Mostrespectfully ,I have to bring on record that 2 fit cases of life imprisonment has been benevolently turned into few years of detention by Hon'ble Supreme Court.In full knowledge of handgranades recorded as under by SC ,Justice Katju is belittling SC by saying Self-defence when Dutts already had 3 licences of weapons.
    Begum Kaji receives ammunitions twice in 8 days,after checking the bag,both times being told that they will be used in Bombay blasts.Retracted statement when taken under TADA act with due procedure giving 48 hrs of time is still admissible.Justice Katju misleading President and PM by writing "a Prohibited weapon"while Sanjay Dutt kept handgranades which were later barbarically thown on SCHEDULED CASTES of Machhimar colony.If educated men of 34 years could not understand 25 handgranades brought by gangsters to Mumbai and accepts those on phone call by Annes Ibrahim Kaskar,brother of Dawwod,only J Katju can recommend him pardon to become political executive soon.
    In case of Bugum Zaibunissa Anwar Kazi,who received handgranades etc with due checking by her twice in 8 days with full declaration of purpose of use in Bombay blasts,Life sentence is a fit case and CBI must be advised to file Curative petition for greater punishment to her.
    J Katju is doing OB van politics like Arvind Kejriwal by taking only cases which will bring him media attention.Letters of mine citing relevant confessions recorded in SC Judgments is chosen to be ignored by J Katju.Which is similarly unfortunate as he rushed to appeal to Governor ,who does not have powers in Arms Act.Now writing to President and to feign his ignorance of law sending copies to PM and HM and not to Governor.On lighter note,J Katju is danger to employment of similar politician practicing appeasement like Digvijay Singh.
    Letters written to J Katju follow with the request to dismiss him from salaried post for misleading President and PM by selective citations and causing instability in state by belittling SC sitting in salaried position and hurting sentiments of majority community thus demanding the impossible to cause rift between 2 communities.
    high regards,
    Navien Maxwell

  5. hi katju saheb,

    do NOT delete this comment! --that is if you are a REAL kashmiri pandit and a REAL hindu .

    people say that you have converted .


    capt ajit vadakayil

    257 people were reduced to a heap of mangled limbs and charred torsos.
    2007-03-24 ,

    Maria told Sanjay to tell his father the truth, and Sanjay conceded that he had been in possession of an assault rifle and some ammunition that he had got from Anees Ibrahim. Sunil Dutt wanted to know the reason why. He was not prepared for the answer: “Because I have Muslim blood in my veins. I could not bear what was happening in the city.” A crestfallen Sunil Dutt left the police headquarters. It was a moment almost worse than the shock of the previous day.

  7. I am really impressed by selective mercy that you demonstrated for Sanjay Dutt. I am sure in your former position as Supreme Court judge; you have come across many such cases lengthy in nature, much less serious than Sanjay Dutt's crime. How many times you have given mercy to such innocents?
    Hundreds and thousands of families suffer because of false 498A /304B cases, irrespective of age police arrest families and make money. Even honorable Supreme Court called such laws as legal terrorism. Why don’t you appeal to withdraw such laws?

    As citizen of India, I am already deeply hurt by Neta(s) of this country and I feel more insulted by your comments and acts. With due respect I request you to resign from your post and let us live our destiny.

  8. It seems to be your strong supporter of terrorist organization from Pakistan. Because don’t forget this 1993 blast were planned by ISI chief and they took help of Dauood Ibrahim Kaskar. And Sanjay Dutt was close friend of Dauood Ibrahim. They met in Dubai and Sanjay gave his possible help for Mumbai Bomb Blast. These stories were known by every citizen of our country and you don’t know that it is more shocking and unbelievable. You are not only insulting my country but you are insulting Supreme Court and people of this country.
    It is shameful that you were the Supreme court Judge. I would like to put question in front of you “why don’t you feel the pain of our countryman’s. Someone who lost their families “.
    I lost my village friend in the 1993 Bomb Blast. If anybody kills your family member then only you will feel the real pain.
    Please stop all Non- Sense. Country and Patriotism is more important than our law. Why we create law to protect the peoples not criminals.
    Vitthal Khot

  9. So now to save Sanjay Dutt, you are pardoning another terrorist. One wrong to support another wrong.
    From your definition Sanjay wasn't a terrorist, but this other lady has been convicted under TADA. Atleast have some shame now !!
    So what if she is 70 now, when the crime was committed she was 50 and aware of what she was doing.
    Going by your logic, anyone who is 50 can commit any terror activity, coz court cases take decades and nobody should be punished after so many years...

  10. Well Sir,
    An ex army officer who has seen life in Kashmir where law is violated by all day in & day out, where human right activists pronounce judgments on the modus operandi of security forces without knowing the challenges involved. I take more strength from the fact that I too passed LL.B & belong to a committed family from legal background.
    Sir, Your many judgments will remain benchmarks in the judicial history of this country.
    However I can see a clear deviation in your standards of thinking & involving in many issues since the time you accepted present government appointment.
    1. In what capacity can you take up the case of Sanjay & Zaibunnisa Kazi’?
    2. How have you decided to take up the case of Sanjay Dutt so vehemently?
    3. Did you apply the yardsticks in delivery of judgments in capacity of judge?
    4. Do you now propagate one set of law to India- have's shining, full in pockets, upper middle class, elite class & another to Bharat- haven'ts, semi illiterate, lower middle class,poor?
    5. Did you release one person from the custody out of lakh who spent full life languished behind bars without being even tried?

    Sir, there is whole deal of contradictions in your approach. Would like to get answer. Your answers through TV debates are not clear & unable to satisfy our query.