Technicality should not stand in the way of justice being done.
This was how Justice Kurian Joseph described his inability to agree with Justice A R Dave who refused to stay the death warrant of Yakub Abdul Razak Memon, the lone death convict in 1993 Mumbai blasts case.
In a split verdict, Justice Kurian while staying Memon's scheduled execution on July 30 said, "I do not think that such a technicality should stand in the way of justice being done".
"When this Court as the protector of the life of the persons under the Constitution has come to take note of a situation where a procedure established by law has not been followed while depriving the life of a person, no technicality shall stand in the way of justice being done.
"After all, law is for man and law is never helpless and the Court particularly the repository of such high constitutional powers like Supreme Court shall not be rendered powerless," he said.
Justice Kurian, while disagreeing with Justice Dave who dismissed Memon's plea to stay the death warrant issued by a TADA court in Mumbai, said "I regret my inability to agree with my learned brother."
He said it has been found that the procedure prescribed under the law has been violated while dealing with Memon's curative petition and that too, dealing with life of a person.
"There is an error apparent on the face of the order in the curative petition. The mandatory procedure prescribed under law has not been followed," Justice Kurian said.
