Mumbai, Sept 16: Film actor Sanjay Dutt today failed to appear before a designated court in the 1993 bomb blast case due to ill health even as another accused filed a petition challenging the constitutional validity of Tada (P) Act.

On a plea by defence lawyers Subhash Kanse and Farhana Shah, the Judge P D Kode exempted 89 accused, including Sanjay Dutt, till month end. However, he asked Sanjay to attend the court on September 18. Sanjay's lawyer Farhana Shah urged the court to excuse the actor for not appearing before the court as he was suffering from viral infection.

The accused were exempted on conditions that they would not maintain any contact with absconding accused and would not leave the jurisdiction of the court.

CBI today sought time until September 23 to conclude its arguments in this marathon trial which has reached its fag end after seven years. The court granted its plea. In a related development, accused Shaikh Aziz challenged the constitutional validity of Tada (P) Act. His lawyer, Nafiz Siddiqui, argued that the act was ultravires the constitution and the special court should make a reference to the supreme court to determine the validity of the act.

CBI's lawyer S Natrajan, however, opposed the plea of the accused to make a reference to the supreme court. He said the special court had no powers to entertain such a petition. Natrajan also argued that the accused should have gone directly to the apex court instead of approaching the designated Tada (P) court. The judge allowed CBI to file its say on the matter on September 30.

Bureau Report