Mumbai: A 1993 bomb blast accused on September 16 challenged the Constitutional validity of TADA (Terrorists and Disruptive Activities-prevention-Act) by filing a petition in a special court even as 89 co-accused, including film star Sanjay Dutt, were exempted till month end.

Dutt and 88 others, facing the charge of conspiracy in 1993 bomb blast case, were on September 16 granted exemption for two weeks by a special court while CBI geared up to conclude its arguments in this marathon trial which has reached its fag end after seven years.

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.

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. He wondered why the accused had waited for a long gap of seven years to make such a plea.

CBI has examined more than 680 witnesses and evidence runs into more than 13,000 pages. About 33 accused are in custody since last ten years while others, including Dutt, are on bail.

PTI