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| 1993 Blasts: Zabunnisa denied more time to Surrender | | | NEW DELHI: Three 1993 Mumbai blasts convicts' petitions for extension of time to surrender on the ground that their clemency pleas are pending before President Pranab Mukherjee, were today dismissed by the Supreme Court.
Zaibunnisa Anwar Kazi (70), Issaq Mohd Hajwane (76) and Shariff Abdul Gafoor Parker (88) alias Dadabhai had moved the apex court seeking more time to surrender in order to undergo sentences awarded to them.
A bench headed by Chief Justice Altamas Kabir rejected their petitions, saying extension of time to surrender cannot be given on the ground that clemency plea is pending before the President.
The apex court had on March 21 upheld the TADA court's verdict of five-year jail term to Kazi who is suffering from cancer.
It has enhanced to life imprisonment the five-year jail term awarded to Hajwane by the trial court. He spent five years in prison during the trial in the case. The life sentence was awarded by the TADA court to Parker was upheld by the apex court. He has already served over 14 years in jail.
Former Supreme Court judge and Press Council of India chief Markandey Katju had made a representation to the President on behalf of Kazi on March 18 and on behalf of the other two on April 10.
The writ petitions filed by them had pleaded that they they should not be asked to surrender till the representation made by Katju on their behalf is decided by the President.
The Mumbai serial blasts on March 12, 1993 had claimed 257 lives and injured over 700.
While disagreeing with the submissions of senior advocate Fali Nariman, who was appearing for the three convicts, the bench said giving such relief would lead to several problems.
"To wait till the President exercises such power under Article 72 of the Constitution will lead to all kinds of problem. The problem will also be that the office of President will be flooded with such petitions," the bench, also comprising justices A R Dave and Vikramajit Sen said.
The bench also refused to consider Nariman's submission that medical ground should also be taken into consideration for allowing the three convicts to surrender after the stipulated period of four weeks.
"Once a person is asked to surrender he has to surrender. Only after surrendering, he can make such plea," the bench said.
Nariman had argued that liberty of a person under Article 21 of the Constitution does not end with the passing of the final judgement by the apex court and the court can wait till a reasonable time when the President is seized of the plea to exercise his power under Article 72 to grant pardon, suspend, remit or commute sentences in certain cases. |
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