New Delhi: The objections raised by death row convict Yakub Abdul Razak Memon on the process adopted by TADA court to try 1993 Mumbai serial blasts case were Thursday dismissed by the Supreme Court which said there was "no illegality" as the trial judge had complied with all legal provisions.
Yakub, whose death penalty was confirmed by the apex court for his role in the blasts case, had argued that as the judgement of TADA court does not contain the material case of prosecution as well as defence and discussion on conclusion, it vitiates the principles of natural justice and also infringes his right under Article 21 of the Constitution.
Rejecting Yakub`s contention, the apex court held that "magnitude of the task" before the designated TADA court was huge as the trial judge was trying 123 accused persons and he had to deliver a judgement running into about 4,300 pages.
"There is no illegality or irregularity in the process followed and specifically under sections 353, 354 and 235 (of CrPC) keeping in mind the magnitude of the task before the designated judge inasmuch as he was trying 123 accused persons and had to deliver a judgement which runs in about 4,300 pages.
"In view of the above, we hold that the pronouncement of the judgement was in compliance with the above said provisions of the Code and does not violate any of the provisions of the Code, as contended by the appellant," a bench of justices P Sathasivam and B S Chauhan said.
Yakub`s counsel had contended that in the absence of the whole judgement for their perusal, the sentence imposed by the TADA court cannot be sustained.