Yakub Memon Case: Supreme Court Stays Death Warrant, Case Referred To Larger Bench

| July 28 , 2015 , 12:09 IST
1993 Mumbai blasts case accused Yakub Memon may not executed on July 30. A Supreme Court has referred to a larger bench the plea of Yakub Abdul Razak Memon seeking stay of his scheduled execution in the case. The bench has also stayed Memon's execution till the plea is disposed. Justices A R Dave and Kurian Joseph differed on the issue of entertaining the plea of Memon, the sole death row convict in the case. The Supreme Court resumed hearing on the mercy plea of 1993 Mumbai serial blasts convict Memon on Tuesday. Meanwhile, Memon's lawyer Raju Ramchandran has filed a petition challenging constitutional validity of bench which has heard the curative petition. [caption id="attachment_81844" align="aligncenter" width="700"]Image: PTI Image: PTI (File)[/caption] The suspense whether Memon will be hanged as per plans at dawn on July 30 in the Nagpur jail or will the execution be deferred - had heightened after Supreme Court bench appeared split over the hearing of the plea on Monday. The apex court has sought a clarification from Attorney General Mukul Rohatgi on rules for considering the curative petition of Yakub Memon , as he has contended that the death warrant was issued against him before the apex court’s decision on his petition. The entire case took a fresh twist as the two judges - Justice Anil R Dave and Justice Kurian Joseph, hearing Memon's petition questioning the validity of death warrant issued by the TADA court in Maharashtra, took divergent views during the hearing after which it asked Attorney General Mukul Rohatgi who represented the Maharashtra government to clarify on Tuesday the rules relating to curative petitions. The development came shortly after the Centre strongly opposed the mercy petition Memon as it came up for hearing in the Supreme Court. According to reports, the Centre pleaded before the apex court that all legal remedies have been exhausted by Yakub Memon , so, there are no grounds for it to hear his mercy plea. While Dave, the senior judge in the bench, totally concurring with Rohatgi, seemed to be inclined to dismiss the plea asking "what is the need of a detailed hearing? When Governor and President also rejected the mercy plea and curative petition is also dismissed doesn't the matter ends there?" Justice Kurian shot off a volley of queries to Rohatgi virtually raising doubts about the procedure followed in the run up to the proposed hanging. (With Agency Inputs)

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