By IANS
Mumbai : A special TADA judge Tuesday deferred the sentencing of 16 people accused in the 1993 Mumbai serial bombings till June 21 after they challenged the validity of the anti-terror court.
The 16 accused, in an application before the special Terrorist and Disruptive (Prevention) Activities (TADA) court, cited a Supreme Court judgement last month that said that all cases under the TADA Act should be referred to the apex court.
Special TADA judge P.D. Kode then deferred the sentencing of the accused till June 21 and asked the prosecution to file a reply on their application by that day.
Later, citing a judgement of the apex court, defence counsel Farhana Shah said Justice Markandey Katju had stated that punishing TADA accused after the expiry of the act could amount to violation of Article 14 of the Indian Constitution, that related to equality before law.
"If no such move is taken, then as an alternative the proceedings should be stayed," Shah told the court.
"Section 1(4) of the TADA states that the act would remain operational till May 24, 1995, and from the next day its provisions were not applicable."
Opposing the application filed by the accused, special public prosecutor Ujjal Nikam said that the statements made by the Supreme Court judge were merely expressions of the court and were not binding on the lower court.
Bollywood actor Sanjay Dutt and three others convicted under the Arms Act as well as the four family members of prime absconding accused Tiger Memon are among those who didn't file the application.
Meanwhile, Dutt attired in a beige shirt and trademark blue jeans was present in the court Tuesday and sat along with three other convicts waiting to know about his fate.
Dutt faces a maximum of 10 years in prison for illegal possession of weapons that were part of the March 12, 1993 bombings, which were delivered to him by co-accused Abu Salem and others.
The 47-year-old actor, who is presently on bail, was found guilty under the Arms Act but has been cleared of the more charges of conspiracy in the serial bombings under the stringent TADA.
The TADA court has so far sentenced 76 out of 100 people convicted for their role in the serial blasts that claimed 257 lives.