BackSC to decide whether Yakub Memon death warrant illegal
Memon's lawyer claims correct procedure was not adopted by the apex court in dealing with his curative petition on 21 July
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New Delhi: The Supreme Court will on Tuesday hear arguments from Yakub Abdul Razak Memon, convicted in the 1993 Bombay blasts case, on why a death warrant issued in his name by a lower court is illegal.
On Monday, lawyer Raju Ramachandran, representing Memon, claimed correct procedure was not adopted by the apex court in dealing with his curative petition—the last judicial remedy—on 21 July. He also said the death warrant was issued by the TADA court (established under the Terrorist and Disruptive Activities (Prevention) Act) on 30 April during the pendency of the curative petition, without giving Memon an opportunity to explain whether he had exhausted all available legal remedies.
A bench comprising justices Anil R. Dave and Kurian Joseph will hear a submission on whether the curative petition needs to be heard by judges who heard his review petition in open court. Incidentally, justices Dave and Joseph along with justice J. Chelameswar had dismissed Memon’s review petition on 9 April.
Attorney general Mukul Rohatgi opposed the challenge to the death warrant. He said Memon had exhausted all legal remedies after his mercy petition had been dismissed by the president and the Maharashtra governor.
Memon is to be hanged on 30 July.
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