“The TADA judge gives him 90 days notice for execution but the state government gives notice of only 17 days. The state government’s order is premature,” he said and added, “the challenge is to the issue of death warrant issued on April 30 which is completely arbitrary to the law laid down by this court.”
Yakub got support from Death Penalty Litigation Clinic, associated with the National Law University, Delhi, with its senior advocate T.R. Anndhyarujina also making similar arguments seeking stay of execution of the death warrant.
Justice Joseph appeared to share the views of Yakub’s counsel when he said perhaps due procedure was not followed.
He said the curative plea, after going to the four senior-most judges of the top court, should have also gone to the bench which last heard the matter confirming his death sentence in a review plea on April 9, 2015.
Mr Rohatgi, who said he was appearing for CBI, Maharashtra and the Centre, initially sought some time to respond to the Yakub’s petition, but realising that the bench was ready to hear it, contended that the convict had exhausted all legal remedies available and that his mercy pleas have also been rejected by the Maharashtra Governor and the President.