Yakub Abdul Razak Memon, the sole death row convict in the 1993 Mumbai serial blasts case, today moved the Supreme Court seeking stay of execution of his death sentence scheduled for July 30 on the ground that all legal remedies have not been exhausted.
Memon, in his petition said that a lower court's death warrant is illegal as all the legal remedies available to him under the law have not been exhausted and that he has also approached the Maharastra Governor with a plea for mercy.
He had filed the mercy plea before the Governor immediately after his curative petition was dismissed by the apex court on Tuesday.
Yakub's lawyer told the apex court that the warrant issued by the trial court did not follow procedure and guidelines, while citing a case in May when the death warrants of an Uttar Pradesh couple were cancelled.
His petition says a death warrant was issued against him even before he could exhaust his last legal remedy - a curative petition which was dismissed two days ago on July 21.
The Supreme Court in the UP case had then said that such warrants cannot be issued unless the convict has exhausted all legal options.
A three-judge bench headed by Chief Justice H L Dattu had on July 21 rejected Memon's plea saying that the grounds raised by him does not fall within the principles laid down by the apex court in 2002 in deciding the curative petition, the last judicial remedy available to an aggrieved person.
