SC dismisses Yakub Memon's plea !!
The Supreme Court on Wednesday dismissed Yakub Abdul Razak Memon's plea against his scheduled execution tomorrow in 1993 Mumbai blasts case
The SC bench did not find fault with the issuance of death warrant by the TADA court.
"After the rejection of mercy petition by the President, Memon had not challenged that in the court of law," the SC bench said.
He may be executed tomorrow.
Earlier, Maharashtra governor Vidyasagar Rao on Wednesday rejected Yakub Memon's mercy petition.
However, Yakub filed a fresh mercy petition with President on Wednesday. That is his last hope now.
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Senior advocate Raju Ramachndran, appearing for Memon, initiated arguments by referring to the separate, divergent orders passed by Justice A R Dave and Justice Kurian Joseph yesterday and said that the procedures established by the law have not been followed while deciding the curative petition of the convict.
Ramachandran said, "The judges, who were part of judicial process earlier, must be party to curative petition. It cannot be decided by judges who are strangers to the matters."
He further said that besides the three senior most judges, the curative petition should have been circulated to the judges, if available, who had decided the criminal appeal and the review petition.
Senior advocates T R Andhyarujina and Anand Grover both supported the contention of Ramachandran and said that this death warrant is illegal and can not be executed tomorrow.
Attorney general Mukul Rohatgi said that the court should not forget the fact that it was the first terror attack at the heart of the country that had led to the death of 257 persons and several hundred injured.
Memon, the lone death convict in 1993 Mumbai blasts case, in his plea had claimed he was suffering from schizophrenia since 1996 and has remained behind the bars for nearly 20 years, much more than a person serving life term has to spend in jail. He had sought commutation of death penalty, contending that a convict cannot be awarded life term and the death sentence for the same offence.
The apex court had on June 2, 2014 stayed the execution of Memon and referred his plea to a Constitution bench as to whether review petitions in death penalty cases be heard in an open court or in chambers.
Twelve coordinated blasts had rocked Bombay, as the city was then known, on March 12, 1993, leaving 257 dead and over 700 injured.