The Supreme Court on Wednesday dismissed 1993 Mumbai blasts’ sole death convict Yakub Abdul Razak Memon’s plea to save him from execution, holding there was no legal fallacy in the TADA court’s April 30 order issuing the death warrant against him.
The top court even rejected Memon’s last-ditch claim that the bench which dismissed his curative plea on July 21 wasn’t constituted as per the SC rules.
A three-judges bench headed by Justice Dipak Misra also said all rules were duly complied with in dealing with Memon’s plea. It also held the 53-year-old chartered accountant had been given adequate notice about his impending execution so that he could avail possible legal remedies.
The SC also turned down his contention that the warrant was issued without hearing him and a mandatory 14 days time frame was not granted to him about the date of execution after the rejection of his mercy petition.
According to Justice Misra, he was informed about the President’s decision rejecting the mercy plea — filed by his brother — last year and that attained finality because Memon never challenged it. It declined to go into the merits of his personal clemency petition before the Maharashtra governor.
The Chief Justice of India had Tuesday constituted the special bench to hear Memon’s case after a two-judge bench delivered split verdict. Justice AR Dave found no merit in Memon’s plea, while Justice Kurien Joseph gave him hope after holding his curative plea was not decided as per the SC rules.
Justice Misra’s bench disagreed with Justice Joseph and held the curative petition decided by the senior most judges of the SC was correct. “..we conclude that the curative petition decided by the three senior most judges cannot be faulted,” it held.