New Delhi: The curative writ petition filed by the 1993 Bombay blasts convict Yakub Memon will now be considered by a three-judge bench of the Supreme Court on Wednesday. The decision was taken by the chief justice of India (CJI) H.L. Dattu after a two-judge bench of justices Anil R. Dave and Kurian Joseph gave a split verdict on Tuesday.
In view of the split verdict, a common order was presented before the CJI by Dave. Senior counsel Raju Ramachandran, appearing on Memon’s behalf, mentioned the matter before a five-judge bench headed by Dattu. “I will constitute a bench,” Dattu said when the matter was presented before him but he refused to stay the execution.
Dave said the matter should be heard immediately, preferably on Wednesday, given the urgency of the issue. Memon’s execution is due on 30 July.
Earlier in the day, both Dave and Joseph read out separate orders after hearing the review petition as well as a fresh writ challenging the constitution of the bench deciding the curative writ petition. While Dave dismissed both the petitions, Joseph issued a stay on the execution of the death warrant against Memon, pursuant to the Terrorist and Disruptive Activities (Prevention) court judgement, till such time the matter is heard afresh in accordance with law.
Attorney general Mukul Rohatgi argued that there is no “error apparent on the face of record” in the review petition that was decided by the SC. “We cannot allow him (Memon) to keep filing appeals endlessly. The law has to attain finality”, Rohatgi said while conveying the centre’s intention to hang him.
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