The mercy petition filed by convict of 1993 serial blasts Yakub Memon have been rejected by the three judge panel of Supreme Court today.
Yakub’s Mercy Plea Rejected By Supreme Court :
The mercy petition of Yakub, the 1993 Mumbai serial bomb blasts convict, has been rejected by apex court. Yakub filed a petition saying that correct procedure was not followed in his case.
The apex court said there was no “legal fallacy” in the issuance of death warrant by the TADA court in Mumbai on April 30 scheduling Yakub’s execution for Thursday, the day he turns 53, in Nagpur’s Central jail.
The apex court had set up the three-judge bench on Tuesday after a two-judge bench had delivered a split verdict on the petition of Memon, the lone death row convict in the blasts, who had sought a stay of his execution scheduled for July 30.
Following the disagreement between Justice Dave and Justice Joseph on the issue, the matter was referred to Chief Justice of India HL Dattu who constituted a larger bench of justice Misra, justice Prafulla C Pant and justice Amitava Roy to decide the destiny of Memon.
The three-judge bench headed by justice Dipak Misra said that “Issuance of death warrant cannot be faulted within the result, the petition (filed by Memon) sans merit and stands dismissed.”
The bench also said the dismissal of curative petition by the senior most judges of the Supreme Court was correct. The bench said “In view of that we conclude that the curative petition decided by the three senior most judges cannot be faulted.” Also added that it was not inclined to go into the issue of second mercy petition filed by Memon before the Maharashtra government after the dismissal of his curative petition on July 21.
After the first mercy petition was rejected he did not challenge it and on July 22, 2015, after rejection of his curative petition he filed the second mercy petition. “Thus, we disagree with the views expressed by Justice Joseph at this juncture,” the court said, holding that “dismissal of curative petition by the three senior-most judges has to be regarded to be correct and not vitiated by any procedural irregularity”.
Memon and 11 others were slapped with the death penalty by a special TADA court in July 2007 for the dozen explosions that ripped through India’s financial capital, killing nearly 260 people at various landmarks and leaving more than 700 injured.