Centre opposes Memon’s mercy plea, hearing to continue today

However, a bench of Justice Anil R. Dave and Justice Kurian Joseph adjourned the hearing as Justice Joseph raised doubts over the composition of the bench that had rejected Memon's curative petition on July 21. Hearing will commence on Tuesday when the court would be addressed on the question whether bench that heard the curative petition was in accord with the Supreme Court Rules.

"The matter ends here. Then that is the end of the matter," Justice Dave observed as Attorney General Mukul Rohatgi took the court through the list of the dates starting with the pronouncement of judgment on March 21, 2013 by the apex court upholding Memon's death sentence, rejection of his two review petitions and curative petition and rejection of his mercy petition both by the president and the Maharashtra governor. 

"There is no authority left to be moved now," Rohatgi said.

At this, Justice Kurian observed: "You go with a begging bowl only when your legal remedies are over. You don't go for mercy petition when one has a legal right." He said this as Rohatgi said that a mercy petition can only be filed if permissible under law. After the mercy petition has been rejected by the president and the governor in 2014, the same can't be moved again as fact and circumstance of the case remain the same, he added, citing the second mercy petition by Memon addressed to Maharashtra governor soon after the rejection of curative petition on July 21. 

Justice Kurian also raised objection to the curative bench's composition, saying "it is inconceivable that three judges who had heard the review petition for ten days were not, except for one (Justice Dave), on the curative bench".