SC bench split over Yakub's plea, refers it to chief justice of India

New Delhi - The bench referred the matter to Chief Justice of India H L Dattu to take an urgent call at 4pm in view of the divergence of opinion on the issue of death warrant.

A two-judge bench of the Supreme Court of India on Tuesday delivered a split verdict on a plea by Yakub Abdul Razak Memon, the lone death convict in 1993 Mumbai blasts case, seeking stay of his scheduled execution on July 30 and referred the matter to the Chief Justice of India to take call on it.
While Justice A R Dave dismissed his plea, Justice Kurian Joseph stayed the death warrant issued on April 30 for his execution on July 30.
Attorney-General Mukul Rohatgi and other senior advocates, including Raju Ramachandran, appearing for Memon, said that since the two judges have differed on staying the death warrant, "there will be no order in law if one judge has stayed it and the other has not".
Justice Kurien said the case should be re-considered after constituting a bench in accordance with Supreme Court rules.
The bench referred the matter to Chief Justice of India H L Dattu to take an urgent call at 4pm in view of the divergence of opinion on the issue of death warrant.
The bench also requested the Chief Justice to constitute an appropriate bench and list the matter for hearing on Wednesday.
Justice Dave dismissed the petition filed by Memon and said it will be open for the Maharashtra Governor to dispose of his mercy plea before the scheduled date of execution of death warrant.
While rejecting the petition in which Memon has contended that the correct procedure was not adopted in deciding his curative petition on July 21, Justice Dave disagreed with Justice Kurian on the issue of staying death warrant issued by the Terrorist and Disruptive Activities (TADA) court in Mumbai on April 30.
"Sorry, I will not like to be part of staying the death warant. Let CJI decide," Justice Dave said and quoted a couplet from Manu Smriti relevant to the issue.
Justice Kurian said he is expressing his inability to agree with Justice Dave as there is a "procedural violation" in deciding the curative petition filed by Memon.
Justice Kurian said once it is found that the procedure established under law is not followed while dealing with the curative petition, that too when the life of a person is concerned, and there is error apparent on the face that the mandatory process has not been followed, then such defects need to be cured. - PTI

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