1993 serial blasts convict seeks recall of SC order

NEW DELHI: Yusuf Mohsin Nulwalla, co-convict of Bollywood actor Sanjay Dutt in the case relating to illegal possession of an AK-56 rifle, on Friday moved the Supreme Court seeking recall of the order on the ground that he was wrongly sentenced as the assault rifle was not in the “prohibited category”. Both Nulwalla and Dutt were sentenced to five years’ imprisonment under the Arms Act.
“ÄK 56 type rifle is a semi-automatic firearm and is not manufactured in the automatic variant, It is therefore humbly submitted that the standard 56 type rifle is not a prohibited arm within the definition of Section 2(1)(I) of the Act,” Nulwalla said in a petition.
“No such notification has ever been issued with regard to the AK-56 rifle. It is humbly submitted that AK-56 and 9mm pistol are per se not prohibited arms within the meaning of section 2(1)(i) read with Section 7 of the Arms Act. It is submitted that the prosecution produced no evidence to establish that the weapons alleged to be in possession of the petitioner were automatic weapons and hence prohibited arms,” it said.
The clarification sought by Nulwalla, if agreed to by the SC, would reduce the gravity of the offence and consequently the imprisonment to a maximum of three years. This would entitle Nulwalla to get out of jail. Consequently, the benefit would also accrue to Dutt, who is at present is serving the remaining part of his sentence.
A bench of Justices Ranjan Gogoi and Prafulla C Pant suggested to Nulwalla’s counsel to move the court through a curative petition as his review against the 2013 judgment upholding the TADA court verdict had already been dismissed. “We will keep your petition pending,” the bench said.
The court expressed surprise on how this fact was overlooked by the TADA Court and the SC. “All orders passed by the court cannot be said to be perfect,” it observed..
He said there was no other evidence to establish the charge that a prohibited weapon was acquired by him and added that there was a “glaring error” in invoking Section 7 read with Section 25(1A) of the Act.
According to CBI, Nulwalla had picked up the weapon from Dutt's house and taken them to his house to destroy them.