A special TADA court in Gujarat's Jamnagar Tuesday rejected the discharge applications filed by two accused brothers in the 1993 Gosabara RDX and arms landing case.
The explosive substances and other weapons, procured from Pakistan, were allegedly used in the serial bomb blasts in Bombay (now Mumbai) in March 1993, in which 257 people were killed and hundreds were injured.
Investigating agencies had said that conspiracies had been hatched to smuggle the arms and ammunition from Karachi and Dubai.
The applications were filed by Mamumiya Panjumiya Bukhari and his brother Jusabmiya Panjumiya Bukhari, currently out on bail, before the court of special judge P C Rawal.
The consignment of RDX, hand grenades and pistols had landed near Gosabara in Porbandar. It was procured from Pakistan via sea route allegedly by absconding Underworld don Dawood Ibrahim, Tiger Memon and the Bukhari brothers among others.
So far, 46 of over 60 accused have been arrested in the case under various sections of Terrorist and Disruptive Activities (Prevention) Act (TADA), Indian Penal Code (IPC) and Explosive Substances Act.
A total of 15 accused, including Dawood and Memon, remain absconding.
An FIR was registered against the accused in Jamnagar (B) Division Police Station.
In their application seeking discharge, the Bukharis claimed that the necessary legal sanction required before lodging the FIR under sections 20(A)(1) and 20 (A)(2) of the TADA Act, were not obtained.
They also claimed that the statements recorded under the section 15 of the TADA Act were withdrawn.
Opposing their plea, Special Public Prosecutor Tushar Gokani told the court that the then complainant, a police sub-inspector, had taken the consent in writing from the then superintendent of police, on the date of lodging of the FIR.
Stating that the sanction was valid, Gokani said the applications were filed by the duo merely to delay the trial in the case.
He said the state Home department had also obtained the necessary sanction under section 20(A)(2) of TADA Act.
"This (argument) cannot be the ground for discharge... these can be challenged during cross arguments," Gokani argued.
The special court has already framed charges against 30 accused in the case. Charges against seven more accused, including the Bukharis, are expected to be filed either on Wednesday or in the next few days.
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