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.
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.