Bollywood actor was convicted of possessing illegal firearms as part of case over serial attacks that killed 257 people
India's supreme court has ordered the Bollywood star Sanjay Dutt, the most high-profile of the 100 men and women who were convicted for the 1993 Mumbai serial bombings, to return to jail for a further three-and-a-half years.
The bombings on 12 March 1993 were engineered by a silver smuggler and gangster, Mushtaq "Tiger" Memon, widely seen as revenge for the destruction of the Mughal-era Babri Masjid, a hallowed Islamic site, by Hindu fanatics three months earlier. But the real mastermind behind the attacks was said to be the Muslim underworld kingpin Dawood Ibrahim.
Dutt had been out on parole since 2007, when he appealed against the original sentence by a lower court of six years imprisonment – not for the bomb conspiracy but for the lesser charge of possessing illegal weapons (an AK-56 rifle and a 9mm pistol) supplied by the same Mumbai gangsters who carried out the devastating serial bombings, which killed 257 people and injured 713.
Dutt's defence was that he knew nothing about the bomb plot and that he asked for the guns to protect his family after receiving threats during sectarian riots in Mumbai.
At the time, the bombings were the worst terrorist attack the world had seen, with 13 bombs set off over a two-hour period across Mumbai.
The supreme court reduced the sentence for Dutt on Thursday to five years. Having already spent 18 months in jail, he will serve only the remainder of his sentence. He has been asked to surrender to prison authorities in a month.
Amid a frenzy of support and sympathy for Dutt from Bollywood, the actor told NDTV: "I'm okay. I can't think straight now. I'm trying to come to terms with the verdict. I'm just trying to gather my thoughts."
During the drawn-out trial in a special anti-terrorism court, which finally led to the sentencing of 100 men and women in 2007, there were accusations that Dutt was getting preferential treatment thanks to his high-profile status and his political connections.
Dutt is the son of two legendary Bollywood stars, one a Muslim and the other a Hindu, who fell in love on the sets of the 1957 blockbuster Mother India. His mother, Nargis, was close to India's first prime minister Jawaharlal Nehru. His father, Sunil Dutt, was an elected Congress party MP and the national sports minister. His sister Priya succeeded their father in parliament. Dutt himself has flirted with an opposition party, and also with Mumbai's militant Hindu radical Bal Thackeray.
After the trial court sentenced him in 2007, Dutt went to the supreme court and secured bail, since when he has re-established his successful film career, especially with the hit Munnabhai film trilogy, propagating "Gandhian values", and many action roles. He also remarried in 2008 and fathered twins.
The supreme court also showed leniency by commuting the death sentences of 10 bombers to imprisonment for life.
Only one man will now go to the gallows – Yakub Memon, a chartered accountant who functioned as a financial manager in his brother Tiger's smuggling business. The court confirmed the death sentence against Yakub even though the accountant appeared to have only a peripheral involvement in the terror conspiracy. He provided the money for the vehicles that were later packed with explosives, and he arranged for plane tickets for Tiger's men to fly to Dubai – from where they were taken to Pakistan to be trained as bombers.
But this was Yakub's normal role as the money manager in his brother's silver-smuggling business.
Hours before his bombs ripped apart Mumbai, Tiger fled to Dubai and then Pakistan with three generations of his extended family. Dawood is also said to have taken refuge there, though Islamabad denied it all. Prosecutors said that Pakistan's ISI agency had supplied the explosive and trained the bombers, a charge accepted by the supreme court. But Yakub created a sensation in 1994 by suddenly deciding to return to India.
After his return, this correspondent met Yakub while he was in police custody in Delhi. He remained silent, but the police were exultant – Yakub had come back with video and audio evidence that showed Pakistani officials had showered the Memons with extraordinary hospitality, including a 20-room mansion in Karachi.
With Yakub's help, the Indian police also succeeded in bringing back several other Memons – his parents, three brothers, their wives and children. But the Memons ran into a double-cross – on their return they were all thrown into jail. Finally, two brothers (one with a brain tumour and the other with a mental disability), have been sentenced to life, along with a sister-in-law who had moved away from Mumbai six months before the bombings.
Mumbai mafia: Bollywood and the underworld
Once upon a time, Bollywood and Mumbai's organised crime elements were locked in a deadly embrace. Gangsters not only financed producers but also had a finger in everything from screenplay writing and casting to the distribution of films.
The crime for which actor Sanjay Dutt, 53, was sentenced to five years imprisonment – accepting a gift of illegal weapons from his producers in early 1993 – dates from the heyday of Bollywood's romance with mobsters. It was only after cinema was designated as an "industry" by the government in 2001 – making bank finance possible – that the stranglehold of the underworld began to loosen.
More than 3bn rupees (£35million) is said to be riding on Dutt's current film projects – a big chunk could be lost if he is jailed immediately. But the outpouring of support and sympathy from film celebrities for Dutt is not just a case of Bollywood putting its mouth where its money is.
"There's genuine sympathy for Dutt," said Bollywood analyst Rauf Ahmed. "He is seen as a victim of the bad old days – he was foolish and immature, and could not resist the lure of an AK-56 rifle."