The Supreme Court on Wednesday ended all escape routes for the 1993 Mumbai blasts convict Yakub Abdul Razak Memon, paving the way for his execution early on Thursday morning. late on Wednesday night, snuffing out Yakub’s last hope, President Pranab Mukherjee too rejected his second mercy plea after Maharashtra Governor Ch Vidyasagar Rao dismissed a similar plea earlier in the day
Dismissing a petition challenging the legality of April 30 death warrant and the dismissal of his curative petition, a three-judge Bench of the apex court rubbished all arguments put forth by the Memon’s counsel and two senior lawyers who appeared for Delhi Penalty litigation Clinic.
Meanwhile late on Wednesday night, a team of lawyers moved the SC to seek 14 days time for hanging, as per the guidelines set by the SC.
After a daylong hearing, the Bench headed by Justice Dipak Misra, concluded, “We find issuance of death warrant is in order and we do not find any legal fallacy in issuance of the same.” The matter had come to three judges following a split verdict by a two-judge Bench where one judge dismissed the petition while the other stayed death warrant.
Attorney General Mukul Rohatgi, who argued passionately for the Maharashtra Government, reminded the SC that Memon was a “key conspirator” of the attacks, the first attack of terror witnessed by the country after the one in Jammu & Kashmir resulting in 257 deaths.
Memon’s legal team argued that the death warrant was issued at a time when the death-row convict was yet to file his curative petition before the Supreme Court. The Bench, also comprising Justices PC Pant and Amitava Roy, noted that the President had rejected the mercy petition of Memon long back on April 11, 2014. Although Yakub’s brother Sulaiman had filed for pardon, it was argued by Memon’s lawyer senior advocate Raju Ramachandran that the fresh mercy filed by Memon on July 22, 2015 before the Maharashtra Governor had additional grounds and hence should be considered on a different footing.
The SC concluded that Memon had written to jail authorities informing them to await the outcome of his brother’s petition. The rejection of this mercy plea was communicated to Memon on May 26, 2014 and not once he challenged the rejection before any court, the Bench said. On his fresh mercy plea, the Bench left it to the Governor to take a decision.
During the hearing, the AG pointed out about a fresh mercy petition filed by Memon before the President. He showed news reports to the court but Memon’s lawyers feigned ignorance. Rohatgi said every attempt was made to defeat the case from reaching finality. Senior advocate TR Andhyarujina, who appeared for the NGO supporting Memon, told Rohatgi, “Do not ridicule him. Why so much animosity. We are talking about human life.” Passions roused in court as AG replied, “We are talking about a traitor, can you say he has not killed 257 persons.” The Bench intervened as Andhyarujina replied, “let court say I am a traitor.”
Andhyarujina told the court that Tiger Memon, and not Yakub, was the real culprit of the blasts. He even gave the example of Parliament attacks convict Mohd Afzal, who was hanged in secret for throwing a bomb at Parliament.
The other argument of Memon that he was to be heard by a TADA court before suo moto issuing death warrant was also rejected. The court held that this rule was not in place when the warrant was issued on April 30 and came later by way of a Supreme Court ruling on May 27 this year. Moreover, the trial judge granted 90-day period for execution. During this period, he filed a curative petition and this was all that the SC ruling sought to achieve. Although the intimation of death warrant was received by Memon only 17 days prior to the D-day of July 30, the Bench felt this was sufficient period to mentally prepare the convict.
The SC Bench also clarified that judges who decide the review petition need not be part of the Bench of Chief Justice and two senior judges while deciding the curative petition. This was the query on which Justice Kurian Joseph had stayed death warrant of Memon on Tuesday. The three-judge Bench held this view to be wrong as it was never there in the petition of Memon and if so, would amount to SC issuing writ to itself.
The President dismissed Memon’s second mercy plea after Home Minister Rajnath Singh called on him and conveyed the Modi Government’s view that there was no fresh ground to consider the mercy petition. Singh’s meeting came after the Government at the top level considered the mercy petition referred to it by the President who acts on the aid and advice of the Council of Ministers.
Prime Minister Narendra Modi, Singh and top officials, including Home Secretary lC Goyal, met at the Prime Minister’s residence and discussed the issue and felt that the President should be advised to reject the mercy petition filed on Wednesday. Hectic consultations were on in the evening on the issue with law Secretary PK Malhotra holding discussions with the Home Secretary apparently on the issue.
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