New Delhi

The Supreme Court today refused to stay the execution slated for tomorrow of Yakub Abdul Razak Memon, the lone death row convict in 1993 Mumbai blasts case, rejecting his last ditch plea to escape the gallows.

The apex court said there was no “legal fallacy” in the issuance of death warrant by the TADA court in Mumbai on April 30 scheduling Yakub’s execution for tomorrow in Nagpur, the day he turns 53.

“The issuance of death warrant is in order and we do not find any kind of legal fallacy,” a bench comprising Justices Dipak Misra, Prafulla C Pant and Amitava Roy said.

“Issuance of death warrant by the TADA court of April 30 cannot be faulted,” the bench said, adding “in the result, the writ petition (filed by Memon) sans merit and stands dismissed.”

The bench said the dismissal of curative petition by the senior most judges of the Supreme Court was correct.

“In view of that we conclude that the curative petition decided by the three senior most judges cannot be faulted,” the bench said, adding that it was not inclined to go into the issue of second mercy petition filed by Memon before the Maharashtra government after the dismissal of his curative petition on July 21.

The bench rejected the contention of Memon that all legal remedies were not exhausted including the issue of clemency, saying the President had rejected his mercy petition on April 11, 2014 which was communicated to him on May 26, 2014.

“After the first mercy petition was rejected he did not challenge it and on July 22, 2015, after rejection of his curative petition he filed the second mercy petition. However, how the second mercy petition is going to be dealt with, we are not inclined to go,” the bench said.

The bench also rejected Memon’s plea that death warrant was issued without hearing him and a mandatory 14 days time frame was not granted in informing him about the date of execution after the rejection of mercy petition.

The order was passed by a three-judge bench which was constituted to hear afresh Memon’s plea after two judges had yesterday given a split order.

A three-judge apex court bench headed by Chief Justice had on July 21 rejected Memon’s curative petition contending that the grounds raised by him for relief did not fall within principles laid down by the Supreme Court in 2002 in deciding curative pleas.

Memon had claimed he was suffering from schizophrenia since 1996 and has remained behind bars for nearly 20 years, much more than a person serving life term has to spend in jail.

He had earlier sought commutation of death penalty, contending that a convict cannot be awarded life term and the death sentence for the same offence.

The apex court had on June 2, 2014 stayed the execution of Memon and referred his plea to a Constitution Bench as to whether review petitions in death penalty cases be heard in an open court or in chambers.

The apex court had on April 9 this year dismissed Memon’s petition seeking review of his death sentence which was upheld on March 21, 2013.

Memon’s review petition was heard by a three-judge bench in an open court in pursuance of the Constitution Bench verdict that the practice of deciding review pleas in chambers be done away with, in cases where death penalty has been awarded.

12 coordinated blasts had rocked Bombay, as the city was then known, on March 12, 1993, leaving 257 dead and over 700 injured.

Maharashtra Governor rejects Memon’s mercy plea

Mumbai

Maharashtra Governor C Vidyasagar Rao today rejected the mercy petition of 1993 Mumbai serial blasts convict Yakub Memon, dashing the last hope he might have had of escaping the gallows.

Memon’s plea has been rejected, Government sources said.

The Governor’s decision on the petition, submitted by Memon on July 21 within hours of the Supreme Court rejecting his curative petition, came immediately after the apex court dismissed his plea seeking stay on his execution slated for tomorrow.

A TDA court had in April this year set July 30 as the date for hanging Memon at the Nagpur Central Prison, where he is lodged.

Yesterday, the Supreme Court set up a three-judge bench to decide Yakub’s fate after a two-judge bench was split on his plea seeking a stay on his execution.

On March 12, 1993, 12 coordinated blasts had rocked Bombay, as the city was then known, leaving 257 dead and over 700 injured.

Yakub’s mercy plea: Activists fail to meet President

New Delhi

The activists opposing 1993 Mumbai blast convict Yakub Memon’s hanging, failed to meet the President despite their attempt to seek an appointment.

“We have not been able to meet the President. But Yakub must not be hanged unless his mercy petition is considered and decided by the President and his view is communicated to him (Yakub),” said Supreme Court advocate Vrinda Grover leading the activists.

Earlier tonight, the group of activists had came out in support of 1993 Mumbai blast convict Yakub memon’s fresh mercy petition filed as a last-ditch attempt to escape the gallows and had sought a meeting with President Pranab Mukherjee over the issue.

Several senior lawyers, academicians, social activists and students gathered at Jantar Mantar and decided to hold a night-long vigil as part of their protests against the impending hanging of Memon.

Memon, who is scheduled to be hanged till death in Nagpur Jail tomorrow at 7 AM, sent a fresh clemency plea to the President today.

Govt advises President to reject Memon’s mercy plea

New Delhi

Home Minister Rajnath Singh tonight called on President Pranab Mukherjee and is believed to have conveyed government’s view that the mercy petition of Mumbai serial blasts convict Yakub Memon be rejected.

Singh’s meeting came after 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 L C 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 today.

Hectic consultations were on in the evening on the issue with Law Secretary P K Malhotra holding discussions with the Home Secretary apparently on the issue.

Rashtrapati Bhavan is expected to make public its decision, one way or the other, on the issue tonight as time is running out for Memon.

He is scheduled to be hanged tomorrow morning in the Nagpur jail after the Supreme Court dismissed his petition against the death warrant on the ground that it was issued before his curative plea was heard by the court.

President rejects mercy petition for Memon

New Delhi

The mercy petition of Yakub Memon, facing gallows in the 1993 Mumbai blasts, was rejected tonight by President Pranab Mukherjee after government advised him such a course.

PTI

Senior lawyers petition CJI to defer Memon hanging

New Delhi

Senior lawyers, including Indira Jaising and Prashant Bhushan, on Wednesday evening approached Chief Justice of India H.L. Dattu with a petition seeking stay of 1993 Mumbai blast convict Yakub Memon’s execution for 14 days.

Dattu is going through the petition and has not taken a decision yet, said sources.

The lawyers approached the CJI after President Pranab Mukherjee rejected Memon’s mercy plea.

Memon, convicted for the 1993 Mumbai bomb blasts, is set to be hanged at 7 a.m. on Thursday in Nagpur jail with the rejection of his mercy plea.

IANS