The Hindu : Front Page : No early hearing : court

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Saturday, Aug 11, 2007
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No early hearing : court

Legal Correspondent

NEW DELHI: The Supreme Court on Friday made it clear that there would be uniform standards and no out-of-turn priority in taking up the criminal appeals arising out of the 1993 Mumbai serial blasts case, and ordered notice to the CBI on appeals filed by actor Sanjay Dutt and two others challenging their conviction by the trial court.

When senior counsel Fali S. Nariman, appearing for Sanjay Dutt, pleaded before a Bench of Chief Justice K. G. Balakrishnan and Justice R. V. Raveendran for fixing the hearing on Monday, the Chief Justice said: “We will have uniform standards.”

Mr. Nariman submitted that it was the mandate of Article 21 of the Constitution (right to life and liberty) to have a judgment copy made available to the convict but Dutt was deprived of it.

Pointing out that the judgment was expected to be made available around August 24, he pleaded for suspension of the six-year sentence given to Dutt.

“Please give us five minutes on Monday,” Mr. Nariman said and pleaded for an early hearing.

The Bench said: “We are not going to wait for the judgment [by the trial court]. We will hear all the connected matters on August 20, when we will consider the request for interim orders.”

Dutt was convicted under the Arms Act and sentenced by the Special TADA Court on July 31.

The Bench also issued notice to the CBI on appeals filed by Ibrahim Musa Chauhan and Mohammad Sheikh. Chauhan was found guilty of supplying weapons to Dutt. Zaibunnisa Anwar Kazi, sentenced to five-year imprisonment has also challenged her conviction.

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