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Syed Firdaus Ashraf in Mumbai
Yesteryear actress Parveen Babi who has claimed to have gathered clinching evidence against actor Sanjay Dutt for his alleged involvement in the 1993 Mumbai bomb blasts case failed to turn up on Monday morning in the designated Terrorist and Disruptive Activities (prevention) Act court.
Judge P D Kode asked the prosecution to bring the actress to the court on August 8.
"Although the summons were issued by the court on July 24 it was served on her only today," public prosecutor Ujjwal Nikam told designated judge P D Kode.
Taking a serious view of the lapse, the judge ordered the registrar to issue fresh summons asking her to appear in person on August 8. The judge also ordered the registrar to issue notice to the concerned deputy commissioner of police to explain on August 8 why there was a delay in serving the summons.
Nikam informed the court that the Juhu police station had made attempts to serve the summons earlier, but she had not received it. The summons was, however, accepted by her only this morning.
Accepting the summons, Parveen Babi scribbled that it was served on her at 10.20 am. She also wrote that earlier she was sleeping when police had come to serve the summons on her.
Judge Kode had issued a summons to tender evidence in person as the documents and the affidavit filed by her earlier was 'not substantial'.
Sanjay Dutt, however, came to the court with his lawyers Satish Maneshinde and Farhana Shah. The court decided to wait until 1445 hours (IST) before passing any orders.
The designated court has been made out in a section of the high security precincts of the Mumbai Central Prison also known as Arthur Road Jail.
Earlier, Babi had written to the court and filed an affidavit claiming that she is in the possession of 'some highly incriminating, documentary evidence' against Dutt that can expose his role and the extent of his involvement in the 1993 blasts.
The blasts trial has continued for eight years and had 188 accused of which over 33 are absconding, including underworld don Dawood Ibrahim and blasts kingpin Tiger Memon.
Dutt was charged for illegal acquisition of an AK-56 rifle, hand grenades and a pistol from Anis Ibrahim and Abu Salem, making him one of the accused in the case.
For the prosecution, Dutt could be charged only with section V of the TADA, which deals with illegal possession of firearms. However, Babi's affidavit and testimony, if found substantial, could spell doom for Dutt.
With inputs from Jake Khan
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