New Delhi/Nagpur: Yakub Memon was hanged shortly before 7 am for his role in the 1993 Mumbai serial blasts. At 5 am, the Supreme Court dismissed his last-minute attempt to escape the gallows by rejecting his plea for a stay on the death warrant. Jail authorities had given fresh set of clothes to Memon ahead of his hanging.
Memon, woke up at 3.30 am on Thursday, was permitted a warm bath. He offered namaz and read the Holy Quran before his scheduled hanging. He was provided a set of fresh clothes and offered breakfast of his choice.
The body of Memon, who would have turned 53 today, would be handed over to his relatives who have been camping here in a hotel after completion of formalities.
Read: Yakub Memon case: SC rejects final appeal after dramatic late-night hearing
Maharashtra Chief Minister Devendra Fadnavis is likely to make a statement on the issue in the state Assembly today.
This is for the first time in India's judicial history that the Supreme Court opened its door for justice in the early hours into the day. It also sends out a positive message to the world that Indian Judicary is availabe 24X7 and anyone can knock the doors for justice. The hearing took place in public view and journalists were also allowed inside the courtroom.
Read: Yakub verdict: Centre made a strong case
The Court's 3-Judge bench consisted of Justice Deepak Mishra, Justice J A Roy and Justice J P Pant.
"Stay of death warrant would be a travesty of justice. The plea is dismissed," said Justice Dipak Misra, heading a three-judge bench, in an order in Court Room 4 which was opened for an unprecedented 90-minute hearing that started at 3.20 AM and ended a little before dawn.
Read: Yakub Memon's family sent him cake for last birthday today
Tight police security outside the Central Jail where 1993 Mumbai blast convict Yakub Memon was hanged, in Nagpur (Photo: PTI)
Yakub Memon's lawyer Anand Grover argued that a death row convict is entitled to 14 days reprieve after rejection of mercy plea for various purposes. His lawyer argued nearest legal aid centre has to be informed about rejection but cannot be done because it was in the night.
Read: Yakub Memon execution: Tight security in Mumbai
Memon's lawyer also questioned how the President rejected the fresh mercy plea in a short time and also that the convict has the right to receive copy of rejection of mercy plea.
Attorney General Mukul Rohatgi in Supreme Court argued that one can't make mercy plea just 10 hours before execution and if mercy petitions are filed over and over again, death warrants will never be executed. Yakub's lawyer, Grover responded saying that they are hell bent on executing Memon this morning.
Read: Supreme Court verdict on Yakub Memon: Experts question procedure, victims happy
Paramilitary officers search for survivors, after a massive explosion ripped through the Bombay Stock Exchange in Mumbai (Photo: AP/File)
Dictating the order, Justice Misra said ample opportunity was granted to the convict after rejection of the first mercy petition by the President on April 11, 2014 which was communicated to him on May 26, 2014.
He said the rejection could have been assailed before the Supreme Court.
Read: 1993 Mumbai blasts: Memon family members also faced trial
Justice Misra observed that really ample time was granted after rejection of the first mercy petition to prepare himself for the last and final meeting with family members and all other purposes.
"As a consequence, if we have to stay the death warrant it would be a travesty of justice," the bench said, adding that "we do not find any merit in the writ petition".
Finally Attorney General said that Memon's petition is not maintainable.
Read: Who is afraid of Yakub Memon?
Further, it said while pronouncing the order yesterday "we have not perceived any error in the death warrant issued by the TADA court on April 30 for the execution on July 30.
In the instant case, it is a clear expose of assertion of concept of justice in a totally different backdrop, the court said.
Tight security at the residence of Yakub Memon in Mumbai (Photo: PTI)
The bench said the AG had submitted that at the drop of a hat one can add new challenges and developments and expect the President to act in exercise of power under Article 72 and thereafter on rejection of clemency they would challenge that in a court of law. "We will be failing in our duty by allowing so," it said.
The court observed that on the first glance the submissions made on behalf of Memon looked attractive but on finer consideration the case of the convict does not carry much weight.
Read: Yakub case: Afzal's hanging raised to give political colour
Reacting to the order, Grover said it was a tragic mistake and a wrong decision. The AG said the legal process has come to an end and it was not a question of victory.
The arguments in the Supreme Court ended around 4:20 and final order by the three member judge panel was read out.
Meanwhile security has been beefed up in Mumbai and area around the Nagpur Central Jail has been turned into fortress as per TV reports. Section 144 has been enforced around Nagpur Jail, which means that not more that five people can group.
