Sentencing in serial blasts case put on hold

Mumbai, June 19: The further process of sentencing the March 12, 1993 Mumbai serial blast convicts is likely to delayed as 16 of them have challenged the application of TADA on them citing a Supreme Court judgement.

Defence lawyer Farhana Shah moved the application before Judge P D Kode, praying that the matter be referred to the Apex court.

Judge Kode asked prosecution to file its replies in the next couple of days after which he would take a final decision on the matter.

Though special public prosecutor Ujjwal Nikam objected to the defence petition, he said he would follow up with a detailed plea on June 21.

The sixteen convicted persons who have filed the plea are Shoaib Ghansar, Asgar Mukadam, Abdul Gani Turk, Parvez Shaikh, Bashir Gani, Imtiyaz Gavate, Farooq Pawale, Mohammed Iqbal Shaikh, Shahnawaz Qureshi, Zahir Hussain, Abdul Akhtar Khan, Feroze Amani Malik, Moin Qureshi, Mustaq Tarani, Nasim Bharmare and Somnath Thapa. Most of them are likely to face death penalty.

Interestingly, the apex court order, cited by the sixteen, was passed on the same day, May 18, when the TADA court here started pronouncing the sentences. In his May 18, 2007 judgement, Justice Markandey Katju, while deciding an appeal against an old Pune TADA court order, opined that TADA is ''invalid.'' In his judgement, Justice Katju said the fact that legal proceedings can continue even after the Act has expired, is violative of Article 14 of the Constitution of India.

''As regards those who had already undergone the entire sentence for which they have been convicted under TADA, obviously nothing can be done. But, regarding those who have undergone only a part of sentence, or those who are facing prosecution or investigation under TADA, such prosecution or investigation are liable to be quashed in view of the opinion expressed above,'' the Supreme Court judge observed.

However, he has said this was not his final opinion, but the issue does have wide Constitutional importance.

Judge Kode said he was taking the matter seriously and would decide on this once the prosecution files its say and the defence gives a rejoinder.

Adv Farhana Shah has urged Judge Kode to refer the matter to the Supreme Court or High Court as the case may be.

Vijay Kumar Baldev Mishra alias Sharma had moved the Supreme Court against the verdict of a Pune TADA court. He had said that continuation of the proceedings against him were violative of the Constitution and, hence, should be quashed.

This case could have a serious implication in the 1993 Mumbai blast case as not only the fate of 16 applicants depends upon it, but also the fate of others upon whom the sentences have already been passed.

Meanwhile, Bollywood actor Sanjay Dutt appeared in the court today. Special public prosecutor Ujwal Nikam once again objected to Dutt's plea for relief under the Probation of Offenders Act.

Dutt, was not asked to appear again at any specific date, but would be summoned as and when required.

UNI