Yakub Memon case: SC rejects final appeal after dramatic late-night hearing
New Delhi: An unprecedented pre-dawn, 90-minute hearing in the Supreme Court which began in Court Room 4 at 3:20 am sealed the fate of Yakub Memon, convicted in the 1993 Mumbai blasts case, after his final plea to escape the gallows was dismissed. He was hanged to death shortly before 7 am in the Nagpur central jail.
In a dramatic developments post mid-night, a battery of lawyers mounted a last-minute effort to save 53-year-old Memon from the noose when they rushed to the residence of the Chief Justice of India H L Dattu with a petition for an urgent hearing.
The move by Memon's counsels came hours after the rejection of his mercy pleas, first by the Maharashtra Governor and then by the President.
They sought stay of the hanging on the ground that 14 days' time is needed to be given to a death row convict to enable him challenge the rejection of his mercy plea.
After due consultations, the CJI constituted a 3-judge bench headed by Justice Dipak Misra, which had yesterday upheld the death warrant and refused to stay its execution.
The lawyers rushed from the CJI's residence to the Tughlak Road residence of Supreme Court judge Deepak Misra and then finally a few kilometers away to the Supreme Court.
The petition was heard by a three-judge bench in court number 4 after security checks at 3.20 am and ended at 4.50 am.
The Supreme Court has never before been opened in the early hours for a hearing.
Read: Yakub Memon, convicted for 1993 Mumbai serial blasts, hanged in Nagpur Jail
Memon's lawyers and activists cited a Supreme Court judgement in another case to argue 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 Bench said ample opportunities were given to Yakub Memon to avail all remedies before court and executive.” 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 verdict: Centre made a strong case
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".
Read: Supreme Court verdict on Yakub Memon: Experts question procedure, victims happy
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.
Read: 1993 Mumbai blasts: Memon family members also faced trial
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: Who is afraid of Yakub Memon?
Reacting to the order, Yakub's lawyer Anand 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.
Read: Yakub case: Afzal's hanging raised to give political colour
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.
Timeline of last-ditch efforts made by Yakub Memon -
11 AM (July 29): A 14-page mercy petition written by Memon is submitted to President Pranab Mukherjee's office.
4 PM (July 29): The President sends the mercy petition to Home ministry for necessary action.
8.30 PM: Union Home Minister Rajnath drives to Rashtrapati Bhawan and conveys Government's decision rejecting Memon's mercy petition.
9.15 PM: Union Home Secretary L C Goyal and Solicitor General Ranjit Kumar arrive at Rashtrapati Bhawan.
10.45 PM: President rejects mercy petition of Memon.
10.45 PM: Noted lawyers Prashant Bushan and Anand Grover reach residence of Chief Justice of India Justice H L Dattu with a fresh petition seeking stay of death warrant.
11:30 PM: Other judges arrive at Justice Dattu's residence.
01.00 AM (July 30): Scene shifts to residence of senior Supreme Court judge Justice Dipak Misra's residence.
01.30 AM: Lawyers reach residence of Justice Misra.
01.35 AM: Three judges - Justices Mishra, Prafulla Chandra Pant, Amitava Roy - agree to meet at Supreme Court at 2.30 AM.
02.10 AM: A constable of Nagpur Central Jail hands over a letter to Memon's brother at a hotel in Nagpur.
02.30 AM: Judges arrive in the apex court. Hearing deferred as delay in arrival of Attorney General Mukul Rohtagi.
03.20 AM: Hearing on the review petition begins.
04.50 AM: Court rejects the petition.
