Order on Blasts convicts' petition deferred till July 9

By Staff
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Google Oneindia News

Mumbai, July 2 (UNI) The designated TADA court today deferred its order till July 9 on a plea by 16 convicts, involved in the 1993 serial bomb blasts case, challenging the validity of the TADA act in view of a recent Supreme Court order.

The order was deferred as Judge P D Kode, who is presiding over the matter, could not be present in the court as he was advised a few more days of medical rest after he sustained a fall in the bathroom, two weeks back.

The arguments on the plea concluded last week but due to the absence of Judge Kode, the order was not delivered.

Earlier, 16 convicts, including dismissed custom collector Somnath Thappa, had moved the court, citing a judgement of the Supreme Court in which Justice Markandey Katju, while dealing with an old TADA case, observed that punishing TADA accused, even when the Act has expired, could be a violation of Article 14 (equality before law) of the Constitution.

The convicts had urged the court that the present case be referred to the apex court or to the Bombay High court as an alternative and proceedings be stayed till then.

The court was also told that Section 1(4) of the act would be in operation till May 24,1995 and from the next day its provision were inapplicable.

The petition was strongly opposed by the CBI on the grounds that the observation made by the Supreme Court judge were merely a 'expression of the opinion by the apex court' and the same are not binding on the lower courts. Suppporting this, the CBI also cited the various other judgements of the apex court, in which awarding conviction to the TADA accused after the scrapping of the act was justified.

Meanwhile, in a related development, Bollywood actor Sanjay Dutt and six other convicts, who are on bail, have been directed to appear before the court tomorrow.

UNI

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