End of the road for Yakub Memon: President rejects 1993 blasts convict's mercy plea

Yakub Memon, facing gallows in the 1993 Mumbai blasts case, is all set to be executed on Thursday morning at 7 with the Supreme Court on Wednesday clearing all legal hurdles by holding that there was “no legal fallacy” and “fault” in the death warrant issued against him. Yet another last-ditch attempt by the lone convict in the blasts case, that killed over 257 people and injured hundreds, by filing a mercy plea before the President failed after President Pranab Mukherjee rejected Memon’s mercy petition. Union Home Minister Rajnath Singh also advised the President to reject the mercy plea. TV reports further said that Memon’s lawyer has moved the Supreme Court against the rejection of mercy plea by Maharashtra Governor. The petition, according to NDTV, urges the President not to decide on the plea tonight. In Mumbai, Maharashtra Governor Ch Vidyasagar Rao also rejected his mercy plea that was filed last week. Ending the suspense and uncertainity over the fate of Memon, who was held guilty in the terror case, the apex court said his last legal remedy by way of curative petition was “correctly” dismissed by the three senior-most judges. [caption id=“attachment_2370482” align=“alignleft” width=“380” class=" “]  Image courtesy: CNN-IBN[/caption] A three-judge bench headed by Justice Dipak Misra held that his second mery petition will not come in way of his execution on Thursday when he turns 53 as he did not challenge the rejection of his first mercy petition by the President last year. While clearing the decks by holding that the condemned prisoner has availed all legal remedies, the bench, also comprising Justices Prafulla Chandra Pant and Amitava Roy, rejected the plea that proper procedure was not followed in issuance of death warrant by TADA Court on 30 April for his execution on 30 July. Further, the bench differed with his counsel that mandatory 14 days notice was not given by Maharashtra Government in communicating to him about his date of execution. “Issuance of death warrant is in order. We do not find any kind of legal fallacy. In view of that, we conclude that the curative petition was decided by three senior-most judges of this court cannot be faulted. The issue of death warrant by TADA court on 30 April for the execution of death sentence on 30 July cannot be faulted. In the result writ petition sans merit and stands dismissed,” the bench said after a day-long hearing. While rejecting the contention that the death warrant was wrongly issued and without hearing Memon, the bench noted the sequence of events to demonstrate that he did not challenge the rejection of his first mercy petition by the President. “After first mercy petition was rejected, he did not challenge it. On July 22, 2015, he filed another mercy petition. Whether he was entitled for such second mercy petition or not during the pendency of the curative petition. “How the mercy petition has to be dealt we are not inclined to go,” the bench said. “As far as compliance of 14 days for execution of warrant from scheduled date of execution is concerned, it meets the time limit,” the bench said while accepting the submission of Attorney General Mukul Rohatgi, who said Memon did not take legal remedies of curative petition when his first review petition was dismissed. The condemned prisoner did not move the apex court even when the President had rejected his mercy petition on 4 April, 2014 which was communicated to him on 26 May, 2014. While maintaining that a convict after his conviction can, at any stage, make representation to a constitutional authority like Governor and President for pardon and remission of sentence, the bench said the mercy petition on behalf of Memon was moved to the President of which he had knowledge. “In the instant case, Suleman, brother of the convict, on his behalf, submitted a mercy petition to the Governor which was later decided by President on April 11, 2014 and communicated to Memon on May 26, 2014,” the bench noted. It said it was not going into the second mercy plea in which grounds of him suffering from schizophrenia have been raised along with the fact that new evidence in the light of an article by a RAW officer has been taken for grant of leniency which was disputed by the Attorney General. The bench noted the sequence of events since the rejection of the second review petition on 9 April, to the dismissal of the curative petition on 21 July, 2015. Memon’s senior counsel Raju Ramachandra submitted that there was a procedural violation in the issuance of death warrant on 30 April by a TADA judge in Mumbai for his execution on 30 July. They said that the death warrant was issued while the curative petition was yet to be filed. Further, while the TADA court had granted 90 days notice for his execution, Memon was served with the notice about his execution on 13 July by the Maharashtra government giving him just 17 days time before his execution, which suffers from incurable procedural irregularity, Ramachandran said. The counsel for Memon also submitted that the second mercy petition to the Governor was filed on 22 July and until it is decided, the death warrant cannot be executed. While holding that there was no legal fault in the TADA Court issuing the death warrant, the bench said the 27 May, 2015 judgement in the Shabnam case, laying the guidelines for it, was not applicable with retrospective effect as the warrant was issued before the verdict. Memon’s lawyer had contended that non-application of the guidlines was in violation of Article 21 of the constitution. However, the bench said the “postulations laid in the Shabnam case held that sufficient notice has to be given to the convict before issuance of death warrant so as to enable him to consult his advocate. “That being the purpose, it has to be seen in the proper perspective of the case,” it said and added the state government informed him about the execution on 13 July and the curative petition was filed on 22 May and therefore, “he cannot take the plea that he did not had the legal remedies.” Noting that the curative petition was dismissed on 21 July, the bench said “in our view the purpose behind the said mandate has been complied in the case.” The SC order prompted on many reactions from the family members of Yakub and political leaders. The verdict rejecting Yakub’s plea was met with “extreme disappointment” by AIMIM leader Asaduddin Owaisi who said it is a “setback”. He demanded that capital punishment be also given to those who committed the “original sin”–demolition of Babri Masjid in 1992. It drew mixed reactions from the legal fraternity with some questioning the procedure adopted in issuance of death warrant while others as also the victims hailed the refusal. Political leaders like Manishankar Aiyar(Congress), Prakash Karat and Brinda Karat, both CPI-M, who were among the eminent persons including retired jurists who submitted a fresh mercy petition to President Pranab Mukherjee said he had the powers under Article 72 of the Constitution to commute Yakub’s death sentence notiwithstanding the court verdict. Branding those who opposed the death sentence to Yakub as “mentally challenged” in need of treatment, BJP said it was wrong for “some people to have politicised the whole issue or for giving it a communal colour”. [caption id=“attachment_2370484” align=“alignright” width=“380” class=” “]  Image courtesy: IBNLive[/caption] “We welcome the SC judgement. Ultimately justice has been delivered to all the victims of the 1993 Mumbai blasts. People of the country have faith in the judiciary and with this verdict, their faith has been strengthened further,” BJP national secretary Shrikant Sharma said. BJP national spokesperson Nalin Kohli said the SC verdict brings finality to the entire legal process and that it would not be proper to try and go behind the decision and attribute anything to it. Another BJP national spokesperson Sambit Patra said it is a “big day” for the victims of the 1993 Mumbai blasts and a sense of justice prevails today and termed it as a “victory” of law. Congress saw a “conclusion of a judicial process” in the Supreme Court’s decision, noting that full justice would be done to Mumbai blast victims when the government brings back Yakub’s brother Tiger Memon from Pakistan. “Indian National Congress looks at it as shape of conclusion of a judicial process as also partial justice to the 1993 Bombay blast victims. Full justice woould be done when the government of the day is to bring back Tiger Memon from Pakistan where he has been given shelter,” party’s chief spokesperson Randeep Surjewala said. Hailing the verdict, Shiv Sena noted that all have said in one voice that Memon should not be given mercy because it is the voice of the citizens of the country.Senior advocate Indira Jaising expressed displeasure and said, “Justice has not been done. I criticise the Supreme Court’s failure to recognise that the right procedure has not been followed.” Former Attorney General Soli Sorabjee said finality has come from the Supreme Court as Yakub has exhausted all his legal remedies. Meanwhile, the police have tightened security in Mumbai. According to police sources, senior police officials here have requested the Muslim religious and community leaders not to make any public statement or speech about Memon after the hanging. If an inflammatory speech or a remark is made, the police would take prompt action, sources said. All Deputy Commissioners, Additional Commissioners and Assistant Commissioners of Police have been deployed in sensitive areas in the city. The Quick Response Teams of police, formed after the 26/11 terrorist attacks, have also been deployed at a few places including the Al Hussaini building in Mahim area where the Memon family lives. As a preventive measure police have also rounded up several miscreants especially those who have police record. Law will take its own course on the issue of execution of Yakub Memon, Maharashtra Chief Minister Devendra Fadnavis said while speaking to the media. “Law will take its own course. I appeal to everyone to maintain restraint,” Fadnavis told reporters at Vidhan Bhawan. Meanwhile, a top government functionary said, “So far, we have not received any instructions not to go ahead with it (Yakub’s execution).” Yakub’s lawyer also added that the sole convict has not prepared a will yet. “Yakub was hopeful of some kind of relief from the Supreme Court and also from his mercy petition with the President. He probably thought he would survive and will not be hanged which is why he did not prepare any will,” Gedam told PTI. After his execution as per the TADA court verdict, Yakub’s mortal remains are most likely to be claimed by his family tomorrow, Gedam said. Quoting Chapter XI of the Jail Manual, he said the Jail Superintendent of Nagpur Central Prison has been vested with powers to decide with regard to the body of a death row convict. The PTI report further added After the inquest, post mortem will be conducted by a team of doctors including a forensic medicine expert from the Government Medical College, Nagpur, following which the Jail Superintendent can bury the body in the prison premises itself. In case the family wants to take possession of the body, they should give an undertaking to the authorities that they will not make an issue and will not hold any demonstration with the body and that there will be a quiet burial. But the Maharashtra government has to take a final call and can decide the place for his last rites, Gedam said. Also, this purely depends on the law and order situation in the city and elsewhere in Maharashtra, the lawyer added. With PTI inputs