इंडियन आवाज़     13 Apr 2024 04:55:45      انڈین آواز

SC refers Yakub Memon’s plea seeking stay of execution to larger bench

(Last Updated On: 28/07/2015)


SCThe Supreme Court today referred the plea of Yakub Abdul Razak Memon seeking stay of his scheduled execution on July 30 to a larger bench. Justices A R Dave and Kurian Joseph differed on the issue of entertaining the plea of Memon, the sole death row convict in the case. While Justice Dave refused to stay the death warrant of Memon, Justice Kurian said capital punishment will not be executed.

Justice Dave while dismissing Yakub’s plea left it for the Maharashtra Governor to take a call on the clemency plea made by him. Justice Kurian said curative petition of Memon needs to be heard afresh as it was dismissed without following correct procedure and rules laid down by this court. Justice Kurian said the error is apparent on the face in deciding the curative petition. He further said defect in deciding curative petition needs to be cured.

In the common order, the matter has been referred to the Chief Justice who will take a call at 4 this afternoon on the issue of constituting a larger bench. The bench has also requested the Chief Justice to list the matter for hearing tomorrow.

Yesterday, Supreme Court had asked Attorney General Mukul Rohatgi about the rules for curative petition as Memon says the death warrant was issued before the apex court’s decision on his execution. The Court also questioned its own procedure in deciding Yakub’s curative plea since judges who heard the review were not a part of it.

The Supreme Court on 22nd of this month had dismissed the curative petition of Memon, saying his punishment adheres to the principles of natural justice. Hours after the apex Court dismissed the petition Memon filed a mercy plea before Maharashtra Governor C Vidyasagar Rao.

Yakub is the brother of Tiger Memon, a prime accused and mastermind in the blasts case which left more than 250 people dead and hundreds injured in one of the most heinous terrorist acts in the country. Tiger’s whereabouts are not known yet. Yakub is currently held at the Nagpur Central Jail.

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