'93 blast: Convicts rely on Srikrishna Commn report
Convicts in the 1993 bomb blasts case have argued on quantum of sentence to be awarded to them by the trial court.india Updated: Dec 11, 2006 20:15 IST
Convicts in the 1993 bomb blasts case on Monday argued on quantum of sentence to be awarded to them by the trial court by relying upon the findings of Srikrishna Commission of inquiry report to point out the circumstances under which the serial explosions occurred.
However, CBI objected saying Commission report cannot be used by the convicts to defend themselves on the quantum of punishment to be given to them by the TADA court.
Defence lawyer, Harshad Ponda, arguing on behalf of those convicted for aiding and abetting terrorist acts, harped on the Srikrishna Commission report which described the circumstances including the Babri Masjid demolition leading to 1992 communal riots and subsequent bomb blasts.
He said the terms of reference of Srikrishna Commission of Inquiry Act included the communal riots of 1992-93 and bomb blasts of March 1993 as both were interlinked.
Special public prosecutor Ujjwal Nikam, however, objected saying the provisions of Commission of Inquiry Act laid down that the report of a commission of inquiry could not be used as evidence in any court of law.
He said the findings of the Srikrishna Commission of Inquiry were recommendatory in nature and could not be used in the blast trial to justify the acts committed by the accused.
Defence lawyer Ponda contended that the Srikrishna Commission of Inquiry report was a public document and could be used as corroborative evidence in the blast trial.
Nikam countered his argument saying the Commission of Inquiry Act specifically prohibited making use of such report and questioned the use of Srikrishna Commission of Inquiry report for submitting arguments on quantum of sentence to be awarded to convicts.