The Supreme Court on Wednesday refused to stay 1993 Mumbai serial blasts convict Yakub Memon’s execution scheduled for tomorrow (July 30). Here are the live updates:
Summary of SC judgement: The Supreme Court’s three-judge bench has rejected Yakub Memon’s plea against the dismissal of his curative petition and said that the same was disposed off rightly without any procedural lapse. The apex court also held that there was no lapse in the death warrant issued to Yakub Memon. Lastly, the SC has refused to stay Memon’s hanging scheduled for tomorrow.
SC dismissed Yakub’s petition, it has been held that death warrant was legally issued, says justice (retd) Fakhruddin.
Memon fails to make out a case that mandatory 14 days time was not conveyed to him for execution by the state government, said the SC bench.
SC said while reading out the judgement that it was not inclined to go into the issue of second mercy plea made by Yakub Memon to the Maharashtra Governor.
I have full faith in the judiciary, I have full faith in the almighty, says Yakub’s brother Suleman Memon.
No execution can take place if Yakub Memon’s mercy petition is pending with the President, says senior lawyer KTS Tulsi.
Supreme Court has clearly held that death warrant issued to Yakub Memon is legal and valid, says Ujjwal Nikam. “Hence, state (Maharashtra) machinery can proceed further on the basis of death warrant,” Nikam adds.
ANI reports that Yakub Memon will be hanged tomorrow at 7 am in Nagpur jail.
The decision is on expected lines. There is no practice that only judges who heard review plea should only consider the curative plea, says senior lawyer KTS Tulsi.
Supreme Court says there is no stay on Yakub Memon’s execution – the 1993 Mumbai serial blasts convict is due to be hanged on tomorrow (July 30).
Supreme Court has just said that there was no lapse in issuing death warrant to Yakub Memon.
Maharashtra DGP Sanjeev Dayal has also reached Maharashtra Assembly to meet CM Devendra Fadnavis.
Amid indications that Yakub Memon could be hanged tomorrow, Mumbai Police Commissioner Rakesh Maria is meeting Maharashtra Chief Minister Devendra Fadnavis to assess law and order situation.
Maharashtra Governor Vidyasagar Rao has just rejected Yakub Memon’s mercy petition, says Ujjwal Nikam.
The SC held that due process was followed in issuing him (Yakub) the death warrant, adds Ujjwal Nikam.
The Supreme Court has today rejected the curative petition filed by Yakub Memon and dismissed all the contentions raised by him, says special public prosecutor Ujjwal Nikam.
Following Supreme Court’s observations, Yakub Memon has now exhausted all legal options available to him. The only options before Memon are the two mercy pleas that he has filed with the President and the Maharashtra Governor.
SC says it will not hear again Yakub Memon’s curative petition.
There was no procedural lapse in hearing curative plea, says Supreme Court.
Supreme Court has held that Yakub Memon’s curative petition was rightly disposed off. Order on death warrant to come shortly.
All arguments on Yakub Memon’s plea are now over in the Supreme Court. The verdict is being written and will be announced shortly, say reports.
Attorney General Mukul Rohatgi has completed his arguments. Now, Yakub’s lawyer R Ramachandran has begun his rebuttal.
TV reports, meanwhile, claim that jail authorities in Nagpur are conducting medical check-up of Yakub Memon ahead of his scheduled execution tomorrow. The check-up showed Memon is mentally and physically fit.
Attorney general Mukul Rohatgi said during the hearing 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. Rohatgi had yesterday told the two-judge bench that all judicial remedies available to Memon got exhausted with the dismissal of the curative petition on July 21.
Earlier during the day, senior advocate Raju Ramachndran, appearing for Memon, referred to the separate, divergent orders passed by Justice AR 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. “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,” Ramachandran said. Senior advocates TR Andhyarujina and Anand Grover both supported the contention of Ramachandran and said that this death warrant is illegal and cannot be executed tomorrow.
The three-judge Supreme Court bench has now resumed hearing on Yakub Memon’s plea. The court is expected to pass its verdict on petition seeking stay on death warrant today itself. The bench, before rising for lunch recess, said it will pronounce the order today itself, if the counsel for the parties “cooperate”.
SC bench rises for lunch, matter to resume at 2 pm.
Attorney General Mukul Rohatgi has now begun his arguments in the court.
Since his (Yakub Memon) petition is mercy pending before the Governor, he cannot be executed on July 30, argues Andhyarujina.
Yakub’s lawyer Ramachandran concludes arguments in Supreme Court, now intervenor National Law University’s lawyer Andhyarujina begins argument.
Senior lawyer Ujjwal Nikam has, meanwhile, said that the hanging of Yakub Memon could be postponed.
BJP and Shiv Sena workers are holding a protest outside Maharashtra Assembly in Mumbai demanding Yakub Memon’s execution.
Yakub’s lawyer Raju Ramachandran begins his argument in SC on legality of death warrant.
Tushar Deshmukh, who lost his mother in the 1993 Mumbai blasts, demands that Yakub Memon be hanged. He said: “It was the black day of my life when I lost my mother in 1993 Mumbai blasts. Many people are saying Yakub should not be hanged, which is against our law. I have signatures of 1600 people given in just 2 hours who all want Yakub to be hanged. I have given a letter to the Governor, have met Maharashtra CM and Nitin Gadkari, will also give these signatures to the President.”
On a day when a three-judge bench of the Supreme Court is hearing the plea of Yakub Memon seeking stay on his execution, the 1993 Mumbai blasts convict has filed a fresh mercy plea with the President, news websites report. Yakub is scheduled to be hanged tomorrow unless the SC puts a stay on his execution.
President Pranab Mukherjee had last year rejected Yakub’s mercy plea. His lawyer had argued that the mercy plea made last year was filed by his family and not Yakub.
Yakub Memon’s lawyer R Ramachandran has started his arguments, questions validity of bench which heard curative petition.
A three-judge bench has begun hearing Yakub Memon’s plea seeking stay on death warrant.
Investigating Officer of 1993 Mumbai blasts case and retired DIG CBI OP ChatwalI has arrived at the Supreme Court for Yakub Memon plea hearing.
Attorney General Mukul Rohatgi, advocate Raju Ramachandran, advocate Andhyarujina and other lawyers reach court room number 4.
SC bench to hear Yakub Memon’s plea
A three-judge bench of the Supreme Court is expected to decide on Wednesday whether death row convict Yakub Memon will be hanged on July 30.
The bench will decide whether to stay the death warrant issued by TADA court in Mumbai on April 30 and go into the merits of Memon’s petition which has claimed that the warrant was issued even before the convict exhausted all legal remedies before the court.
The three-judge bench was constituted by Chief Justice of India HL Dattu on Tuesday after a two-judge was split on Memon’s plea seeking stay of his execution scheduled for July 30 (Thursday).
Following disagreement between Justices AR Dave and Kurian Joseph on the issue, the matter was referred to the Chief Justice who then constituted a larger bench of Justices Dipak Misra, Prafulla C Pant and Amitava Roy to decide the destiny of Memon.
Memon, the lone death row convict in 1993 Mumbai serial blasts, turns 53 tomorrow.
In the split decision, Justice Dave dismissed Memon’s plea without staying the death warrant while Justice Kurian differed and favoured a stay.
“There will be no order in law if one judge has stayed it (death warrant) and the other has not,” the bench was told when it wanted to know the legal position arising out of the divergence of views between the two judges on the issue.
Both Attorney General Mukul Rohatgi and other senior advocates, including Raju Ramachandran, appearing for Memon, were unanimous on the legal position that needed to be addressed by a larger bench with the indulgence of the CJI.
Justice Dave was of the view that there was no infirmity in the dismissal of curative petition of Memon on July 21 and it was open for the Maharashtra Governor to take a call on his mercy plea as the condemned prisoner has exhausted all available legal remedies.
However, Justice Kurian, who himself had raised a point which was not in Memon’s plea that the apex court had not followed correct procedure in deciding his curative petition, said “this defect needs to be cured” and “the curative petition has to be heard afresh”.
The judge said that in such circumstances, the death warrant has to be stayed.
This prompted Memon’s counsel to ask Justice Dave to add a line on staying the death warrant, which he refused.
“Sorry, I will not like to be part of staying the death warrant. Let CJI decide,” Justice Dave said and quoted a couplet from Manu Smriti relevant to the issue.