In a last-ditch effort to avoid execution of his death sentence, Yakub Memon, the lone death row convict in the 1993 Mumbai serial blasts that left 257 dead and over 700 injured, filed a mercy petition to Maharashtra Governor Ch Vidyasagar Rao on Tuesday.
The move comes hours after the Supreme Court (SC) on Tuesday rejected his curative petition filed Memon, paving the way for his execution fixed for July 30.
This was the last legal remedy available to the brother of notorious gangster Tiger Memon, the main architect of the blasts, after his mercy petition was rejected by the President in May last year.
Memon is the lone accused in the blasts case whose death sentence was upheld by the SC in its order of March 21, 2013. The court declared him to be the “driving spirit” behind the blasts of March 12, 1993, acting as a co-conspirator with underworld don Dawood Ibrahim to carry out the wanton terror attacks that led to 257 deaths.
The decision to dismiss the curative petition of Memon was taken at a chamber meeting held by Chief Justice Hl Dattu, Justices TS Thakur and Anil R Dave. The judges were conscious of the fact that on April 9 this year, a review petition filed by Memon was dismissed by them on similar grounds. During those proceedings, the apex court had held open court hearing and allowed Memon’s counsel to argue the case at length.
In the curative plea, Memon alleged that his death sentence was bad in law as it violated principles of natural justice. According to the death row convict, the proceedings against him were held in court without proper notice served on him. In addition, the petition alleged bias as the judge failed to disclose his connection with the case which gave rise to reasonable apprehension of bias, particularly since the judgement adversely affected him. Memon had even requested for an open court hearing.
The court dealt with the arguments one by one and found that none of the grounds alleged by Memon fit within the criteria laid down for consideration of curative petitions. Referring to a 2002 decision in Rupa Ashok Hurra case, the three-judge Bench had no doubt but to reject the petition. It even discarded the request to hear the matter in open court.
Memon has exhausted all his legal remedies. Even the President rejected his mercy petition on the recommendation of the Centre that such cases where the toll on human lives and property damaged was extraordinary, deserved no mercy.
