Blasts convicts seek relief under POA

Mumbai, Mar 13 (UNI) Sixty nine convicts in the 1993 serial bomb blasts case today sought relief under the Probation of Offenders Act (POA), contending they were first-time offenders and had already spent a long time in jail.

Resuming arguments before designated TADA judge Pramod D Kode, their lawyer Mustaq Ahmed said most of his clients are educated people with good family background and had no criminal record before their involvement in the blasts which rocked the metropolis on March 12, 1993. Therefore, he argued, they should also be given benefit like Bollywood actor-convict Sanjay Dutt.

The court had admitted Dutt's application, seeking relief under the POA, though it has not yet passed any order on it.

To prosecution's objection that the 69 convicts had moved their application with the objective of delaying sentencing in the case, the defence counsel pleaded for disposal of all pending applications, including Dutt's plea. He said unlike the actor and his associates who are out on bail in the case, all his 69 clients are in judicial custody and, therefore, it was not in their interest to attempt delaying the final verdict in the case.

Citing various judgements, including that of the Supreme Court, Ahmed, who practices in the Apex court, questioned the genuineness of recovery of arms and ammunition at the behest of the convicts, saying any seizure from a public place can not be claimed as a genuine recovery. It could have been planted against the accused, he alleged.

He pointed out in the present case, most of the arms were recovered from public places like graveyard, public toilets, common passage of residential complex and other places, which could not be claimed as genuine recovery.

He said as per the guidelines of the Apex Court, if an accused points out to certain arms that does not mean he was involved in concealing the arms. At this stage, the judge pointed out statements of the accused and 'panchnama'(inventory) of recovery revealed the accused were having the knowledge and authorship about arms and ammunition.

The arguments on the plea will continue tomorrow.

UNI