Delhi: Yakub Memon, who is the guilty Mumbai blasts in 1993 , may not hang on July 30 after the Supreme Court decision t on Tuesday july,28 referred an application challenging his death warrant to a massive bench following a broken decision by a two-judge bench.
Chief Justice of India HL Dattu will organize a three-judge bench on Wednesday to listen afresh Yakub’s application contending a trial court issued the death warrant for July 30 while his curative application – the last legal recourse available to a litigant was pending before the Supreme court up to next hearing.
Justice AR Dave rejected his application but Justice Kurien Joseph disagreed, saying Yakub’s remedy application needed to be listen by new way as it was rejected without following correct procedure and rules laid down by the High court.
Justice Joseph told that “A defect in deciding remedy application needs to be cured otherwise there will be clear violation of right to life of the convict under Article 21 of the Constitution”.
Even if, Yakub also filed a new application challenging the validity of the SC’s July 21 order rejecting his remedy application.
Yakub can now be hanged only after the SC rejects his application –unlikely to happen by July 30, when he is fixed to be executed at the Nagpur Central Jail.
If the Supreme Court upholds his application for quashing of death warrant, his hanging will be stayed.
But he can be executed later, depending on the outcome of a pending mercy application. Even then, it’s likely to get delayed as an SC verdict mandates a 14-day gap between the dismissal of a death row convict’s mercy plea and his execution.
During the hearing, the Maharashtra government said Yakub, brother of prime accused Tiger Memon, was given a week’s time to file a curative application before the Supreme Court after his review plea was dismissed.
“We couldn’t have waited for five years for Yakub to file a curative application,” attorney general Mukul Rohatgi told the High court. Yakub had exhausted all legal options, he added.
On July 21, the SC rejected a curative application by Yakub, saying it was void of merit. On the same day, he filed a mercy application before the Maharashtra governor seeking commutation of his death sentence to life imprisonment.
The apex court by its March 21, 2013 verdict upheld his death sentence while commuting the death sentence of 10 others to life imprisonment. The court on April 9 again dismissed Yakub’s plea for the review of his death sentence, as it had earlier dismissed a similar plea seeking a recall of its March verdict.