In March 2013 both were sentenced to five years and even as they are undergoing the sentence, Yusuf Nulwala filed a fresh writ petition pointing out that the maximum punishment for possession of AK-56 was only three years and that his sentence should be reduced. “AK-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 his petition.
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Nulwala was convicted under sections 3 and 7 read with Sections 25 (1-A) and (1-B) of Arms Act, 1959 Arms Act.
A bench of Justices Ranjan Gogoi and Prafulla C Pant suggested to Nulwalla’s counsel to move the court through a curative petit… In the meantime, the bench promised to keep his writ petition pending. Last time the actor was sentenced for jail over 6 years in 2007 but he was served for 18 months and came out on bail.
Supreme court kept an eye on the Sanjay Dutt’s close friend petition who is also convicted in the 1993 Mumbai attacks. While Memon was executed on July 30, the death sentence of 10 others was commuted to life by the court. However, the Attorney General, Mukul Rohatgi disagreed with his view saying that it could raise only two grounds, namely, denial of natural justice and an allegation of bias against one of the Judges who heard the appeal petition.
Asking Salve to move a curative petition, Justice Gogoi said: “All orders of the court are not always correct or ideal”.
Bollywood actor Sanjay Dutt was cleared of conspiracy charges in connection with the 1993 Mumbai blasts, but found guilty of illegal possession of weapons.
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If the court accepts Nulwala’s contention in a curative petition then it could automatically impact Mr Dutt’s case.
