July 16
INDIA:
Supreme court reserves order in Yakub Memon case
The supreme court on Tuesday reserved its order on the plea of Yakub Razzak
Memon, a death-row convict in the 1993 Bombay serial blasts case, seeking to
convert death penalty into life imprisonment.
A 5-judge constitution bench headed by chief justice RM Lodha reserved the
order after hearing arguments from the counsel of Memon and the Centre on his
plea challenging the government's decision rejecting his mercy plea in May.
President Pranab Mukherjee had rejected Memon's mercy plea following
recommendations of the Maharashtra government and the Union Home Ministry.
Memon's counsel argued that his client has been lodged in the jail for past 20
years and death would be a "harsher punishment", which is longer than the
14-year jail term awarded in cases of life imprisonment.
He also held the ground that the review petition filed by death row convicts
should be heard in an open court after hearing the arguments from the parties
concerned.
Memon sought the bench to declare the existing SC rule of deciding the review
plea of death convicts in the judges chamber unconstitutional.
Appearing for the Centre, solicitor general Ranjit Kumar opposed the plea of
Memon saying the convicts get several chances to place their defence before the
court.
An open hearing of a convict's review plea will reopen the case and rehearing
of the whole case, which the top court should not allow to take place.
The bench also reserved its order on a similar plea of Red Fort Shootout
convict Ashfaq. The bench also already granted a stay on their execution of
death penalty.
Memon, a chartered accountant and brother of fugitive terror mastermind Tiger
Memon, was sentenced to death by a special court under TADA in 2007, after
being found guilty of charges of criminal conspiracy and for arranging finances
and managing its disbursement through the co-accused in the 1993 Mumbai serial
blasts case.
The top court upheld the TADA court's verdict in March, 2013. In October that
year, Memon had applied for a presidential pardon, following which a report
from the state government was sought by the home ministry.
(source: Daily News & Analysis)
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