Yakub Memon files fresh mercy plea before President, all eyes on SC

Two judge bench differed on suspending Yakub Memon's death sentence on tuesday, larger bench to decide today

1993 Mumbai blasts accused Yakub Memon, whose fate hangs in balance has once again appealed to President Pranab Mukherjee to grant him pardon from death penalty. This fresh petition comes a day before his hanging on July 30, even as the 3 judge bench of the Supreme Court is currently hearing his plea on the deferment of the sentence citing procedural lapses. 

Incidentally, this is the second time Yakub Memon, found guilty of conspiracy in the 1993 Mumbai blasts that killed 257 people and injured 800 people, has petitioned the President for mercy. The earlier curative petition filed by Memon's family was dismissed by the President. 

On tuesday, the two presiding justices, Justice Joseph Kurian and Justice Anil R Dave produced dissenting orders and went on to disagree with each other on every point of the case, thus necessitating the formation of the 3 judge bench by the Chief Justice. 

According to a report in the Indian Express, Justice Dave in his order, said they were “passing the buck” to the CJI and also to the lawyers who were trying to protect Memon. Dave argued, recalling verses from the Manusmriti, that it was necessary to make sure that a ‘sinner’ must be punished, and that “a ‘danda’ (stick) has to be used for those who inflict cruelty on the innocent”.

However Justice Joseph, the Express report quoted, argued that, “Nothing can stand in the way of life of a person. Life is a constitutional right. Law is not helpless and this court is not powerless to protect the right to life. Law is for the man and if it is about the life of a man, no technicality can prevent this court from passing appropriate orders.”

He maintained that enough time should be allowed to the defendant, and that a death penalty cannot be passed without obdurate compliance with the procedure established by law. In Yakub’s case, he said, there was a “procedural violation” since the two judges who had heard his review petition – Justices J Chelameswar and Joseph – were not part of the bench that dismissed his curative petition on July 21.

In his order, Justice Joseph, said that the “defect” in hearing the curative petition needs to be corrected first since it amounted to violation of Yakub’s right to life.

Attorney General Mukul Rohatgi however has opposed any leeway to Yakub and told the court: “You are only delaying the inevitable...We also have respect for human life but the other side is that 257 people were killed.” According to him no change in circumstances can warrant an interference by a court once a death penalty has been upheld by the main judgment and maintained in review and curative petitions, Indian Express reported.