Mumbai, Nov 11: In keeping with a judicial order, 88 accused in the 1993 serial blast trial today appeared before a special court which exempted them for three weeks even as CBI submitted arguments on the legality of the approver`s pardon as well as applicability of TADA (P) Act.
Altogether 88 accused appeared before designated judge P D Kode who exempted them till December 2. Film actor Sanjay Dutt, however, did not appear as he has been exempted till November 15. With the permission of the court, Sanjay has gone to South Africa to promote his film `Kaante` and is expected to return on November 15. The actor has been asked to appear on November 16, his lawyer Farhana Shah said. In a related development, the court allowed accused Salim Khan alias Salim Durriani to stay back at his native place in Tonk, Rajasthan, because he had suffered from food poisoning. He was allowed to visit Tonk during Ramzan and asked to appear on November 13. CBI lawyer S Natrajan argued that the accused could be tried under IPC as well as TADA (P) Act as both the laws were different. The accused could be chargesheeted and tried under both the acts, he said. Defence lawyer Niteen Pradhan had earlier argued that TADA(P) act was an aggravated form of IPC. CBI lawyer Ujjwal Nikam countered defence lawyer Majeed Memon`s argument that the pardon tendered to the approver was illegal because the concerned magistrate had not perused the case papers. Nikam said that it was not possible for the magistrate to peruse the papers as investigation record was voluminous.
Bureau Report