NEW DELHI: The Supreme Court on Monday asked the Centre to present relevant rules and scope of curative petitions while hearing the appeal filed by Yakub Memon, the lone death row convict in the 1993 Mumbai serial blasts case, seeking a stay on his execution. Yakub is scheduled to be hanged on July 30.
An SC Division Bench comprising Justice A R Dave and Justice Kurian Joseph asked Attorney General Mukul Rohatgi to submit before the court the relevant rules and scope of curative petitions before it decides on Yakub’s plea seeking a stay on his execution.
The court asked the Centre to clarify its position on whether all judicial remedies available to Yakub had been exhausted with the dismissal of his curative petition on July 21, when the senior advocate Raju Ramachandran, appearing for Yakub claimed that correct procedure was not adopted by the court in dealing with his curative petition.
The hearing will commence on Tuesday when the court will address the question whether the Bench that heard the curative petition was in accordance with the Supreme Court Rules. Ramachandran said not only the death warrant was issued during the pendency of the curative petition, Yakub was also not given an opportunity by the TADA court to explain whether he had exhausted all available legal remedies. He also deprecated the delay in informing Yakub about the date of his proposed execution which was conveyed to him only on July 13.
Salman Appeal not to be transferred
New Delhi: The Supreme Court on Monday dismissed a plea seeking transfer of Bollywood superstar Salman Khan’s appeal against his conviction and five-year jail term in the 2002 hit-and-run case, out of the Bombay High Court. A three-judge Bench declined to hear the superstar’s petition.