Yakub’s fate hangs in balance

However, in yet another last ditch action, lawyers for Memon moved the Supreme Court late on Wednesday night seeking <g data-gr-id="216">stay</g> of his hanging. The petition pleaded that an order should be passed that the authorities should give him at least 14 days time for execution after the rejection of his mercy petition as per the Apex Court guidelines. The petition will be processed before a decision is taken whether it is to be heard and if so by one or more judges at their residence.

Sources said the Home Ministry advised the President about the legal position as the Supreme Court refused to stay the execution and Maharashtra Governor also rejected his mercy petition. The ministry’s advice to the President was conveyed by Home Minister Rajnath Singh in person. However, the President held detailed discussion involving legal eagles including Solicitor General Ranjit Kumar before rejecting the petition. This brings to closure the infamous Bombay (as the city was then known) blasts case on March 12, 1993, that killed 257 people and left over 700 injured. 

Earlier in the day, Supreme Court dismissed Memon’s plea against his scheduled execution. A three-judge Bench of the Apex Court hearing the petition said the death warrant of Memon was good in law and that it did not find any fault with the issuance of death warrant by TADA court. The Bench also noted that after the rejection of earlier mercy petition by the President, Memon had not challenged that in <g data-gr-id="213">court</g> of law. 

The Apex Court held that the dismissal of Memon’s earlier curative petition by three senior most judges of the Apex Court was correct. On the second mercy plea made by Memon to the Maharashtra Governor, the court said it was not inclined to go into this issue.

President had rejected Memon’s earlier mercy petition on April 11, <g data-gr-id="217">2014</g> which was communicated to him on May 26, 2014. According to sources, Memon will be woken up at 3 am on Thursday and after a bath and health check-up, he will be taken to the hanging yard. Memon’s brother Suleiman and cousin Usman visited Nagpur jail on Thursday to meet the prisoner of death row. According to TV reports, responding to media questions on their way to the jail from a hotel in Nagpur, Suleiman said: “I have full faith in the judiciary. I have full faith in Almighty. Please leave me.” Yakub was found guilty in 2007 of helping plan and finance the deadly blasts. His brother Tiger Memon, the main accused along with underworld don Dawood Ibrahim, has been missing since 1993.

Of the 11 sentenced to death for the terror attack, Yakub is the only convict not granted mercy. Ever since Memon’s death warrant was issued, a large number of people pleaded for clemency. There were reports that he surrendered in 1994, choosing to return to India from Pakistan. He had left Mumbai with his family just before the attacks. However, prosecutors and investigators insisted that Memon was arrested and no secret plea bargain was offered.

On the other hand, the family members of some of the victims of blasts on Wednesday demanded that Memon <g data-gr-id="191">behanged</g> and submitted a mass petition to Maharashtra Chief Minister Devendra Fadnavis in this regard.