Reuters AlertNet Lite - Sentencing in India bomb case faces delays, appeal

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Sentencing in India bomb case faces delays, appeal

19 Jun 2007 12:21:13 GMT
Source: Reuters

MUMBAI, June 19 (Reuters) - The long drawn-out sentencing of those found guilty for India's worst bombings faced fresh delays on Tuesday and a likely Supreme Court appeal, after the defence questioned the authority of the anti-terrorism court.

The challenge could mean a longer wait for Bollywood star Sanjay Dutt, who appeared in court on Tuesday to hear whether he would face a jail sentence for the illegal possession of weapons.

The special court found 100 people guilty in connection with the attacks in Mumbai which killed 257 people in 1993, after one of the world's longest trials ended last year.

So far 76 people have been punished with varying jail terms and fines for planning and abetting the attacks or for illegal possession of weapons.

But on Tuesday the defence, moving an application on behalf of 16 of those whose sentences are pending, cited a recent Supreme Court ruling which questioned the constitutional validity of all trials held under a now-defunct anti-terrorism law.

Most of the convicts in the Mumbai bombings were tried and sentenced under the Terrorist and Disruptive Activities Act (TADA), which was scrapped in 1995 with the proviso that those already charged under it would still be tried under the law.

"We want the court to take cognisance of the Supreme Court judgement and refer to it for clarification on the law point," defence lawyer Farhana Shah told Reuters.

Judge P.D. Kode gave the prosecution a day to reply.

"This issue has to be sorted out before I can proceed with other sentencing," he said.

Legal experts said the argument was likely to end up in the Supreme Court sooner rather than later, and this could mean a delay in the sentencing of the remaining convicts.

Those sentenced so far include smugglers, petty criminals and a Bollywood producer, as well as policemen and customs officials who took bribes to let the explosives through.

An 83-year-old man is among those jailed for life for planning the blasts.

Police say the attacks were ordered by India's most-wanted man, Muslim gangster Dawood Ibrahim, to avenge the razing of a mosque by Hindu zealots in 1992.

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Last updated:Tue Jun 19 12:22:47 2007