SC to fix tomorrow date of hearing on Sanjay's petition

New Delhi, Aug 9 (UNI) The Supreme Court will fix tomorrow the date of hearing of the petition filed by Bollywood star Sanjay Dutt challenging his conviction and sentence in the 1993 Mumbai serial blasts case and also for his release on bail.

Senior counsel F S Nariman mentioned the matter again today before the bench headed by Chief Justice of India K G Balakrishnan and the court replied that the matter be mentioned tomorrow for getting an early date of hearing.

Today's development means the petition filed by Sanjay will not be heard tomorrow on merits and only a date for hearing be fixed.

Sanjay was sentenced to six-year rigorous imprisonment by a designated TADA court on July 31 for possessing illegal arms, though he was given a clean chit for offences under TADA.

The actor, in his petition, has contended that no arms were recovered either from him or his residence or at his instance and hence, the offence under the Arms Act was not made out against him.

He also contended that the trial court committed a mistake by rejecting his application for his release on probation under the Probation of Offenders Act in view of his ''outstanding'' behaviour during the bail period coupled with the fact that no report was called for from the government on his application under the Probation Act.

The petitioner has also pleaded that the trial will take long time to conclude in view of the voluminous case records. And, therefore, he should be released on bail till the final disposal of his appeal.

Another bench comprising Justice B N Aggarwal and Tarun Chatterjee fixed for hearing tomorrow another appeal filed by Aziz Ahmad Mohammad Ahmad Sheikh who was sentenced to five-year imprisonment in the same case. Earlier, counsel for Sheikh submitted before the court that giving early hearing to Sanjay Dutt amounted to discrimination as he was the first convict to approach this court and hence his petition should have been heard first.

The court responded by saying, ''Don't worry there will be no discrimination and your case will also be heard tomorrow.'' According to the Advocate Act, usually designated senior counsel do not mention the matter. It is only other counsel who mention the matter for getting early hearing date but in case of Sanjay Mr Nariman himself mentioned the matter.

However, the matter is not mentioned in tomorrow's list.

UNI