The CBI today sought the death penalty for Yakub Memon, brother of absconding prime accused Tiger Memon, who was found guilty in 1993 Mumbai serial blasts case, even as the accused pleaded for leniency in punishment.Observing that Memon's family members have committed "a brutal crime", CBI lawyer C S Sharma pleaded that this was the rarest of the rare case and capital punishment should be awarded to them. Sharma elaborated Yakub's role in the blasts and sought death penalty for him. Yakub's lawyer Harshad Ponda pleaded for lenient sentence, saying Yakub was not deeply involved in the conspiracy. Ponda said Yakub had spent 12 years in prison and it should be treated as "undergone" period of sentence.Ponda cited Nalini vs CBI judgement in which the accused, who had been charged with being party to conspiracy, were categorised on the basis of their roles. In this case too, he argued, accused should be categorised and Yakub should be shown leniency. On behalf of Essa Memon, another brother of Tiger's, Ponda said he was suffering from brain tumour and was in jail for 12 years. His jail term should be treated as undergone...He should be let off, Ponda said.As regards Yusuf Memon, Ponda said he was suffering from schizophrenia and was released on bail in 1995 after spending 5 years. He too should be let off, Ponda said. About Rubina, Tiger's sister-in-law, Ponda said she spent 32 months in prison, urging for lighter sentence for her, as she had small children and she was not deeply involved in the conspiracy.
