The Chief Justice of India (CJI) constituted a larger Bench of Supreme Court which will hear 1993 Mumbai serial blasts convict Yakub Memon's plea seeking stay on his execution as the two judges who heard his plea on 28 July differed in their opinions.
In the evening, CJI HL Dattu constituted a three-judge Bench, which will on Wednesday hear Memon's petition challenging his death sentence and seeking stay on his hanging, scheduled on 30 July, Hindustan Times reports.
While Justice AR Dave was against staying Memon's execution, Justice Kurian Joseph held the opinion that the convict's curative petition needs to be heard afresh as it was rejected without following the correct procedures. Justice Joseph said Memon's Right to Life will be violated if his plea is not heard once again, according to PTI.
"Justice Kurian says the error is apparent on the face in deciding the curative petition. This court under the Constitution is for the protection of life of a person, it is not helpless and courts like SC should not be rendered," PTI tweeted.
Justice Dave, on the other hand, left it for Maharashtra Governor C Vidyasagar Rao to take the decision on Memon's mercy plea while dismissing his petition seeking stay on his hanging.
Justice Kurian says curative petition of Memon needs to be heard afresh as it was dismissed without following correct procedure and rules la
— Press Trust of India (@PTI_News) July 28, 2015
Justice Kurian says defect in deciding curative petition needs to be cured otherwise there will be clear violation of Right to Life of convi
— Press Trust of India (@PTI_News) July 28, 2015
Justice Dave while dismissing Yakub's plea leaves it for the Maharashtra Governor to take a call on the clemency plea made by him.
— Press Trust of India (@PTI_News) July 28, 2015
With the difference in their opinion, the two judges had referred the matter to CJI Dattu.
Justices A R Dave and Kurian Joseph differ on the issue of entertaining the plea of Memon, the sole death row convict in the case.
— Press Trust of India (@PTI_News) July 28, 2015
While Justice Dave refuses to stay the death warrant for July 30, Justice Kurian says capital punishment will not be executed.
— Press Trust of India (@PTI_News) July 28, 2015
The judges were of the view that the CJI would constitute a bench and keep the matter for hearing tomorrow itself.
— Press Trust of India (@PTI_News) July 28, 2015
In the common order, the matter has been referred to the CJI who will take a call at 4 PM on the issue. — Press Trust of India (@PTI_News) July 28, 2015
Senior advocates, including AG Mukul Rohatgi, appearing for either side, say that there will be no order in law if one judge stays death war
— Press Trust of India (@PTI_News) July 28, 2015
Memon, the sole death row convict in 1993 serial bombings in Mumbai, had filed a petition with the SC seeking stay on his hanging and challenging the death warrant issued by a special Tada court in Mumbai in 2007.
In his petition, Memon claimed that he had not exhausted all the legal remedies available to him when the court awarded him death sentence. He further insisted that his execution on 30 July will be against the law as it was passed when his curative petition was pending before the apex court as well as his fresh mercy plea is pending before the Maharashtra Governor.
Memon was convicted for arranging finances for carrying out the 13 serial explosions across the city on 12 March, 1993, in which 257 people were killed and over 700 injured.
