
In a new twist to the 1993 Mumbai blasts case, at least 16 of the accused have filed a fresh petition saying the proceedings under the TADA should be quashed, as the Act is no longer valid.
The application was a result of an opinion expressed by a Supreme Court Judge Markandeya Katju in a May 18 order in Vijay Kumar Mishra v State of Maharashtra case, that the Terrorist and Disruptive Activities (prevention) Act has lost relevance since it lapsed in 1995. And any conviction under it could breach Right to equality under Article 14, which is a Fundamental right.
Jutice Pramod Kode has aske the prosecution to file a reply or the same.
TADA lapsed on May 24, 1995, as it had a life for five years. But Section 1(4) of the Act clearly states that if an offence under TADA takes place before this date, the accused can be put on trial and punished for it even afterwards, though the act lapsed. But if the same act is committed after that date, it is not punishable under TADA.
In the 1993 Mumabi blasts case, the trial continues beyond the lapse of the TADA act, with 24 of the total 100 convicts that include actor Sanjay Dutt and prime plotter Tiger Memon`s family members, still to be sentenced.
Mumbai blasts left many dead and crippled for life. They have not yet got justice. The suspects, if proved guilty must be punished. But that is up to the honourable court to decide.
Via: Yahoo
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