Justice Anil Dave had dismissed Yakub Memon’s petition against the death warrant without having heard him, Memon told the Supreme Court Bench on Wednesday. The bench is currently hearing his plea seeking a stay on his execution scheduled for July 30. “Strangers heard my curative petition,” he said.
He was told by Justice Dipak Mishra that “technicalities of law will not come in the way of us hearing you against SC dealing of curative petition.”
Memon argued that it was his brother’s mercy plea before the President that was dismissed, not his. “My mercy petition before Maharashtra Governor is on different ground — schizophrenia, my health, good conduct,” he said adding that others have got lesser punishment.
Appearing for the Death Penalty Litigation Clinic, associated with the National Law University Delhi, T.R. Andhyarujina said that the President can differ from the SC on Memon’s mercy plea. He also argued that the President cannot ignore petition by eminent persons against the death penalty to Memon. Conviction under TADA was not good enough reason for refusing Memon’s mercy path, he added.
He pointed out that even if the Maharashtra Governor rejected Memon’s mercy plea, a fresh plea had been filed before the President. Even if the President rejects that plea, a minimum of 15 days have to lapse before execution.
He also brought up former RAW official B. Raman’s posthumously published article saying that the convict was induced to come to India from Pakistan.
In his counter argument, the Attorney-General said that Memon was a key conspirator in the Mumbai blasts. “It was a diabolical act and the first attack in the heart of India after J&K. The grief for the 257 dead persons had been reduced to photos now, but we cannot forget facts of the blasts case,” the AG said.
Memon’s first review petition was dismissed in 2013. Why did he wait two years till May 12, 2015 2 to file curative petition, asked the AG. The TADA court had suo motu issued death warrant on April 30. The Maharashtra government did not ask for it, the AG said. When the death warrant was issued on April 30, Memon was yet to file the curative plea. The curative was filed on an earth-shaking ground, and so was heard by the three senior-most judges of SC.
The AG will continue his arguments after lunch break. Justice Mr. Mishra has indicated that the Bench will come to a decision on Wednesday itself.
