Court rejects 1993 serial blast convicts' petition

Mumbai, July 12 (UNI) The special TADA court today rejected the petition of the 16 convicts in the 1993 blast case, who had challenged the validity of the Act after the Union Government scrapped it in 1995.

With this, the sentencing process of the remaning 24 convicts, which includes cine star sanjay Dutt and members of the prime absconding accused Tiger Memon's family, is likely to recommence from July 16.

Designated TADA judge P D Kode held that the petition was filed much after the designated court had convicted the petitioners and only the quantum of punishment was to be awarded. Moreover, Judge Kode said that the Apex court judgment, cited in the petition, was mearly an opinion.

The court, in its 26-page order, which was not available to the Press, further ruled that in view of these facts, the present case can not be referred to the Supreme Court or to the Bombay High Court as pleaded by the petitioners.

Earlier, 16 convicts, including dissmissed Customs collector Somnath Thapa and planters of explosives, had moved the court citing a Supreme Court judgement in which Justice Markandey Katju, while disposing an old TADA case, had observed that punishing TADA accused after the Act has expired could be a violation of Article 14 of the Constitution.

Citing this observation, the 16 convicts had urged the court that their case be referred to the Apex court or to the Bombay High Court and proceedings be stayed till then.

The 16 had contended that Section 1(4) of the Act could have been in operation till May 24, 1995 and its provision would be inapplicable from the next day.

The petition was strongly opposed by the CBI on the grounds that the observation made by the Supreme Court judge was merely an ''expression of opinion by the Apex court'' and the same is not binding on the lower courts.

Meanwhile, in a related development, the court has summoned Somnath Thapa and Imtiaz Ghawte tomorrow, who were earlier convicted by the court but are out on bail at present on medical grounds.

UNI