NEW DELHI: The Supreme Court on Tuesday gave split verdict on the plea of Yakub Abdul Razak Memon, the lone death row convict in the 1993 Mumbai blasts case against his death sentence. Chief Justice of India H L Dattu has constituted a new bench which will comprise of Justices Dipak Mishra, P C Pant and Amitava Roy that will hear Memon’s plea on Wednesday, seeking stay of his execution slated for July 30 and quashing his death warrant on the grounds that it was issued even before he could exhaust his legal remedies.
Attorney General Mukul Rohatgi informed the CJI about the split verdict earlier in the day, with a common order asking the court registry to place it before him. Earlier in the day, Justice Anil R Dave and Justice Kurien Joseph took differing stands on Memon’s plea challenging his death penalty and urged the Chief Justice to set up an appropriate bench so that matter could be heard as soon as possible.
Dismissing Memon’s petition, Justice Dave said, “Submissions made about the curative petition do not appeal to me as they are irrelevant and there is no substance in them. In these circumstances, the writ petition is dismissed.”
However, Justice Kurian Joseph expressed his disagreement with Justice Dave and said, “Staying the death warrants till decision was taken afresh in accordance with law is taken in the curative petition.” Referring to the SC order 48 rule 4 dealing with curative petition (CP) , Justice Kurian said, “Thus, it is found that the procedure has been violated while dealing with the CP and that too, dealing with life of a person.”