New Delhi: The hanging of 1993 Mumbai blasts case convict Yakub Memon was etched into Indian judicial history as the Supreme Court decided to open its doors past midnight for a predawn hearing of the last-ditch appeal mounted by a battery of lawyers in the national capital, as well as Yakub’s lawyers, to save him from the gallows at least for that moment.
It was not just the rejection of his mercy plea by President Pranab Mukherjee late Wednesday night that sealed Yakub’s fate, the final seal on his fate came at 4.50 am in Court Room 4 of the apex court which dismissed the fresh petition filed on his behalf. The hectic drama witnessed around the apex court, which witnessed incessant media coverage through Wednesday night, prompted the government on Thursday to boost security measures around courts in the national capital.
The security of the three Supreme Court judges who dismissed the petition has also been beefed up as a precautionary measure. Meanwhile, the MHA has also sent a country-wide advisory on extra vigil and deployment of forces in sensitive areas. Paramilitary forces in the bordering states have been asked to maintain high surveillance.
As Yakub’s death sentence divided public opinion, the issue stirred Chief Justice of India H.L. Dattu to action after a battery of lawyers rushed to his residence after midnight with a petition for an urgent hearing. The move came simultaneous to Yakub’s counsels seeking a fresh hearing on the timing of his hanging, scheduled for Thursday morning.
After the CJI decided to constitute the three-judge bench once again to hear the petition, the lawyers rushed from the CJI’s residence to the Tughlak Road residence of Supreme Court judge Deepak Misra, and then finally a few kilometres away to the SC which opened its doors for a pre-dawn hearing. The petition was heard by the three-judge bench in court number 4 after security checks at 3.20 am. The hearing ended at 4.50 am.
Yakub’s lawyers argued that he can’t be hanged for at least 14 days after his mercy plea was rejected. They also argued that the Maharashtra prison manual, which stipulates that there must be a seven-day gap between the rejection of a mercy petition and execution, has not been followed..
The final blow came with the Supreme Court rejecting all the arguments, saying “ample opportunity” had been given to Yakub to file his petition after his mercy plea was rejected. “As a consequence, if we have to stay the death warrant it would be a travesty of justice," the bench said, adding, “We do not find any merit in the writ petition.”
Yakub’s senior counsels, Anand Grover and Yug Chowdhury, contended the authorities were “hell-bent” on executing him without giving him the right to challenge the rejection of his mercy petition by the President, insisting right to life of a condemned prisoner lasts till his last breath.
Opposing Yakub’s plea, attorney-general Mukul Rohatgi said his fresh petition amounted to “abusing” the system. Mr Rohatgi said the whole exercise was an attempt to prolong Yakub’s stay in jail and get the sentence commuted.
Yakub’s lawyer Mr Grover said it was a “tragic mistake” and a “wrong decision”. The Mumbai blasts had left 257 dead and 713 wounded and the SC had described Yakub as the “driving force” behind it.
