The Supreme Court today heard the petition of Mumbai serial blast convict Yakub Memon challenging the death warrant issued against him by a TADA Court..Senior Advocate Raju Ramachandran appeared for Memon while Attorney General Mukul Rohatgi represented the respondents. Senior Advocate TR Andhyarujina appeared for the intervenor, Death Penalty Litigation Clinic of National Law University, Delhi..As arguments begin, the judges in the Division Bench, Justice Anil R Dave and Justice Kurian Joseph, seemed to be holding divergent views. The matter saw no conclusion today and will be taken up at 10.30 AM tomorrow..When the case was taken up, Attorney General Mukul Rohatgi began his submissions before the petitioner began. He said that the petitioner’s contention was that the death warrant was issued before Memon filed the curative petition and said that the government had waited for a reasonable time before issuing the death warrant..“There is no limitation for filing curative petition. So should we wait forever?”.Subsequently, Raju Ramachandran argued that the two judges who had heard the review petition were not on the Bench which heard and dismissed the curative petition and this amounted to a violation of law laid by the Supreme Court itself..He also submitted that the convict has the right to file mercy plea after he has exhausted all his legal remedies. Ramachandran argued that any mercy plea which has been filed before all legal remedies have been exhausted will stand wiped out and the convict will be entitled to file fresh mercy plea. Therefore, he submitted that the issuance of death warrant by the TADA court before Memon’s curative petition was filed was in flagrant violation of his rights..While Justice Anil R Dave seemed inclined to dismiss the petition, Justice Kurian Joseph engaged in a lengthy dialogue with the Attorney General. He said that Justice Chelameswar and himself, who were part of the Bench which had heard the review petition, were not given copies of the curative plea..As per the decision in the case of Rupa Ashok Hurra v. Ashok Hurra & Anr., a curative petition has to be heard by the three senior most judges of the Supreme Court and the judges who had heard the case. The curative petition of Yakub Memon was heard by Chief Justice HL Dattu and Justices TS Thakur and Anil R Dave. Justice Joseph sought an answer regarding this omission from the Centre..The case will now be taken up at 10.30 AM tomorrow.
The Supreme Court today heard the petition of Mumbai serial blast convict Yakub Memon challenging the death warrant issued against him by a TADA Court..Senior Advocate Raju Ramachandran appeared for Memon while Attorney General Mukul Rohatgi represented the respondents. Senior Advocate TR Andhyarujina appeared for the intervenor, Death Penalty Litigation Clinic of National Law University, Delhi..As arguments begin, the judges in the Division Bench, Justice Anil R Dave and Justice Kurian Joseph, seemed to be holding divergent views. The matter saw no conclusion today and will be taken up at 10.30 AM tomorrow..When the case was taken up, Attorney General Mukul Rohatgi began his submissions before the petitioner began. He said that the petitioner’s contention was that the death warrant was issued before Memon filed the curative petition and said that the government had waited for a reasonable time before issuing the death warrant..“There is no limitation for filing curative petition. So should we wait forever?”.Subsequently, Raju Ramachandran argued that the two judges who had heard the review petition were not on the Bench which heard and dismissed the curative petition and this amounted to a violation of law laid by the Supreme Court itself..He also submitted that the convict has the right to file mercy plea after he has exhausted all his legal remedies. Ramachandran argued that any mercy plea which has been filed before all legal remedies have been exhausted will stand wiped out and the convict will be entitled to file fresh mercy plea. Therefore, he submitted that the issuance of death warrant by the TADA court before Memon’s curative petition was filed was in flagrant violation of his rights..While Justice Anil R Dave seemed inclined to dismiss the petition, Justice Kurian Joseph engaged in a lengthy dialogue with the Attorney General. He said that Justice Chelameswar and himself, who were part of the Bench which had heard the review petition, were not given copies of the curative plea..As per the decision in the case of Rupa Ashok Hurra v. Ashok Hurra & Anr., a curative petition has to be heard by the three senior most judges of the Supreme Court and the judges who had heard the case. The curative petition of Yakub Memon was heard by Chief Justice HL Dattu and Justices TS Thakur and Anil R Dave. Justice Joseph sought an answer regarding this omission from the Centre..The case will now be taken up at 10.30 AM tomorrow.
