Seeking “extra-indulgence”, the lone death row convict in the 1993 Mumbai serial blasts case Yakub Memon sought an immediate hearing of his petition challenging the “undue haste” shown to execute him without following the sue process of law.
Memon is scheduled to be hanged to death on July 30 at 7 a.m.
In an urgent mentioning before the Chief Justice of India H.L. Dattu, who was about to rise for the day, senior advocate Raju Ramachandran said there is no time to lose for Memon, his client, whose life hangs by a thread.
The Chief Justice however, responded immediately that the court was aware of Memon’s petition and it has already been listed for hearing before Justice Anil Dave’s Bench on July 27.
“It will come up on Monday,” the CJI said. The court said the State of Maharashtra would also be present, indicating that the court does not want prolonged hearings into petitions.
Justice Dave led the Bench which had dismissed Memon’s review petition.
The court further clubbed a separate writ petition filed by Death Penalty Litigation Clinic associated with the National Law University Delhi.
The Clinic, represented by senior advocate T.R. Andhyarujina, agreed with Memon that he was not given proper notice of the death warrant proceedings to enable him to get legal assistance.
The petition alleged that, “death warrant proceedings was carried out in Mumbai and the petitioner (Mumbai) who is in jail in Nagpur was not represented at these proceedings in person or through a lawyer.”
Memon claimed that undue haste was shown to issue death warrant on April 30, after his review petition was dismissed by the Supreme Court on April 10, 2015.
It said the death warrant was issued by the TADA court in Mumbai when his curative petition was already pending in the Supreme Court, “thereby presumptuously pre-determining its negative outcome.”
In Memon’s petition to the Apex Court on Thursday, the 53-year-old said the warrant was against the principles of natural justice, and due process of law was not followed.
Yakub’s absconding brother, Tiger Memon, and underworld don Dawood Ibrahim are the masterminds of the Mumbai attacks.
A chartered accountant, Yakub returned to India in 1994, protesting his innocence. He said he had surrendered to cooperate with the investigation, but officials said he had been arrested. He was convicted in 2007 by a Mumbai court of the charge of financing the terror attacks and arranging for training of terrorists in Pakistan. The death sentence given to him was upheld by higher courts.