Long shadow

Rakesh Bhatnagar

It wouldn’t be an exaggeration to say that the 1993 Mumbai serial blasts case may be known as the longest ever litigated case in India.

As it is, the final judgment in the serial bombing in the aftermath of Ayodhya tragedy limped for four years after special judge Pramod D Kode completed recording of the evidence.

Then the much awaited verdict came only last year but its copy running into 4,340 pages and divided in 47 parts, weighing approximately 24 kgs, was made available to the convicts including actor Sanjay Dutt early this month.

Since 10 accused have been sentenced to death, the Supreme Court will have to give top priority to the appeals to be filed by 100 other accused and cross-appeals by CBI challenging of acquittals or enhancement of sentence keeping in view the public policy.

CBI has been categorical that it would seek conviction of Sanjay Dutt under the TADA as it feels that he’s erroneously acquitted of the grave charge despite the fact that he possessed lethal restricted arms.

But Dutt has raised a new law point that might require detailed hearing; whether a person convicted under the Arms Act could be denied the due process available to him under the ordinary law.

It means that he is entitled to probation. Besides he is entitled to the Code of Criminal Procedure and the Evidence Act which categorically state that confession made before the police isn’t admissible in evidence.

But CBI will also have it say on the issue as it sets to oppose the TADA court judgment.

Coming back to the expected longevity of the appeals in the hands of the apex court, it can be presumed that there would be a common hearing by the Supreme Court on the appeals by the 10 death convicts and TADA court reference seeking confirmation of the extreme penalty.

And it would be heard first.  

The entire case record, a large part of which is in Marathi, has to be translated into English.

It is likely that the hearing by a three-judge bench could start only latter part of 2008. The authenticated data says that 44,819 petitions were pending disposal by the Supreme Court ending September last.

The court that’s running short of its full strength of 26 judges disposed of 571 matters last month. In September alone, it registered 6,618 cases for hearing in addition to 44,248 that were carried forward from August.

The Mumbai blasts case would add 123 appeals more that don’t involve a common point of law.

Could we expect a final judgment before 2012? It’s for any body to guess.