The sentencing of 16 convicts, including those convicted for planting bombs in 1993 serial blasts here, was on Tuesday adjourned till June 21.
MUMBAI: The sentencing of 16 convicts, including those convicted for planting bombs in 1993 serial blasts here, was on Tuesday adjourned till June 21 after they moved the TADA court citing a Supreme Court judgement.
In their application, the convicts have cited a judgement of Justice Markandey Katju in which the judge had stated that punishing TADA accused even when the Act has expired could be a violation of Article 14 (equality before law) of the Constitution.
Citing the judgement, defence counsel Farhana Shah asked the court that the present case related to the applicants be referred to the Supreme Court or to the Bombay High Court as an alternative and proceedings be stayed till then.
Shah said that Section 1 (4) of TADA stated the Act would remain in operation till May 24, 1995 and from the next day its provisions were inapplicable.
Special public prosecutor Ujjwal Nikam contended the statements made by the judge were merely "expressions of opinion by the apex court" and were not binding on the lower courts.
However, after hearing arguments from both sides the court adjourned proceedings till June 21.
Actor Sanjay Dutt and three others convicted under the Arms Act, as well as family members of prime absconding accused Tiger Memon are among those who are not party to the application.
The TADA court has so far sentenced 76 out of 100 people convicted for their role in the 1993 serial blasts which killed 257 people and injured over 700.
Speaking to reporters outside the court, defence counsel Rajendra Shirodkar said that in his judgement Justice Katju had specifically said this point must be considered by designated TADA courts while conducting trials.
He also pointed out that the Supreme Court had quashed the prosecution's version in the case on the same grounds.
Dutt in court
Sanjay Dutt appeared in court on Tuesday to find out if he will have to go to jail for illegal weapons possession linked to serial bombings in Mumbai in 1993.
Wearing a beige shirt and blue jeans, the actor walked into court appearing composed.
In November, the 47-year-old was found guilty of possessing weapons, but was cleared of the more serious charge of conspiracy in the 'Black Friday' serial bomb attacks in Mumbai, which killed 257 people.
Dutt, who has spent 18 months behind bars on remand since the attacks, has insisted he was only armed to protect his family and is hoping to be spared a sentence due to time already served and good behaviour. -AFP
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