CBI opposes plea of 16 Mumbai serial blast convicts

Mumbai, June 20 (UNI) The Central Bureau of Investigation today strongly opposed the appeal of sixteen Mumbai serial blast convicts, who have questioned the validity of TADA, on the ground that it was made with an intention to prolong the on-going sentencing process.

The agency, in its six-page written reply filed before the designated TADA court judge P D Kode, today contended that Supreme Court judge Markandey Katju's observations while hearing an old TADA case were his personal opinion and the same is not binding upon the court to follow nor is it mandatory in the eyes of law.

The investigating agency has cited various apex court orders supporting their contention. The agency has prayed to the court that it need not entertain such an appeal, dismiss the same, and continue with pronouncing the sentences upon the remaining 24 convicts who include cine star Sanjay Dutt and family members of the prime accused Tiger Memon.

In his May 18 judgement, Justice Katju, while deciding an appeal against an old Pune TADA court order, opined that TADA is invalid.

That legal proceedings can continue even after the Act has expired, is violative of Article 14 of the Constitution of India, Justice Katju observed.

''As regards those who have 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 said.

However, Justice Katju added that this was not his final opinion, but does have wide Constitutional importance.

UNI