Hectic consultations were on late in the evening on the issue with Law Secretary P K Malhotra holding discussions with Home Secretary L C Goyal apparently on the issue.
Government sources said the Home Secretary may formally communicate this view to the President who had referred the fresh petition filed by Memon today.
The President, who acts on the aid and advice of the Council of Ministers, had referred the petition to the Home Ministry earlier in the day.
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.