Hearing on " Underage" accused plea adjourned

Mumbai, Oct 4 (UNI) Hearing on the plea of a young accused urging the TADA court to stay proceedings against him on the ground that he was underage at the time of his arrest in the 1993 Mumbai serial bomb blasts case and hence can not be tried by a regular court was today adjourned to October 9 by judge Pramod Kode who directed defence and prosecution to file their written submissions on the issue.

Arguing for transfer of Moin Quereshi's case to the Juvenile Justice Court, his counsel O S Siddique said since the accused was under 18 years of age at the time of his arrest in the blasts case, he be tried by a Juvenile court as per the Juvenile Justice Act amended in the year 2000 and not by a regular court.

The counsel, who moved the application on September 29, reiterated that Quereshi was 17-years-and-three-months old at the time of his arrest on April 24, 1993 and submitted his birth certificate issued by Brihan-Mumbai Municipal Corporation (BMC) and also his school-leaving certificate as evidence.

The defence counsel said as per the amended act any person upto the age of 18 years is considered a minor and is entitled to benefits available under it. He said earlier a boy uptill age of 16 years and girl uptill 18 years were considered minor but after the amendment both are at par and considered minor uptill the age of 18 years.

Opposing the stay and transfer of the case, CBI's special public prosecutor Ujjwal Nikam argued that provisions of the Terrorist and Disruptive Activities (Prevention) Act overrides provisions of all other acts and hence the accused can be punished, if found guilty, under the TADA Act.

But when the judge pointed that TADA Act had lapsed, the prosecutor contended its provisions for punishment are still alive and the TADA court is delivering verdict in the blasts case under this Act. Mr Nikam said Quereshi should not be given any benefit under the amended Juvenine Justice Act.

Quereshi is one of the 123 accused who faced trial in the TADA court which has already convicted 26 accused and discharged 12.

UNI XR SA PA GC1825