Defence pleads for release of 1993 blasts convict

Mumbai, Dec 15 (UNI) Citing two Supreme Court judgements, counsel for 1993 serial blast convict Sarfaraz Phanse pleaded for his release, arguing that 11 years spent by him in jail be considered as sufficient punishment for the crime.

Arguing on the quantum of punishment to the convict in the court of TADA judge Pramod Kode, defence counsel Subhash Kanse said unlike his father, Sarfaraz did not make any confesssion nor had his father made any mention about the involvement of his son in the terror attacks.

Sarfaraz was convicted on the charge of aiding and abetting the crime under section 3(3) of Terrorist and Disruptive Activities (Prevention) Act.

Quoting the apex court judgement in respect of Dalbir Singh versus State of Punjab, Mr Kanse said the number of casualties in a crime by itself did not warrant death sentence. Citing another judgement in the Jashuba Bhagat Singh Gohil versus State of Gujarat, he said the top court observed that when the spectre of death was hanging over an accused for 13 years, the trial court should not advise severe punishment.

Since Sarfaraz has spent over 11 years in jail, it should be considered a sufficient punishment and be let off, the defence counsel argued.

Also pleading for lesser punishment to another convict, Tulsiram Dhondu, Kanse said he was dismissed from government service and has also spent several years in jail and, therefore, requested the court to use its discretion in awarding lesser punishment to him.

Tulsiram was a watchman at government communication tower at Wangli near Sandheri coast from where the deadly arsenal used in the blasts were brought to the tower compound first before it was transported to the city for the terror strike which claimed 257 lives and left over 700 wounded on March 12, 1993.

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