New Delhi: The Supreme Court has referred to a larger bench the plea of Yakub Abdul Razak Memon seeking stay of his scheduled execution on July 30 in 1993 Mumbai blasts case.
Justices A R Dave and Kurian Joseph differed on the issue of entertaining the plea of Memon, the sole death row convict in the case.
While Justice Dave refused to stay the death warrant for July 30, Justice Kurian said Memon’s capital punishment will not be executed as schduled.
In the common order, the matter has been referred to the Chief Justice of India, who will take a call at 4 PM on the issue.
Justice Dave, while dismissing Memon’s plea, left it for the Maharashtra Governor to take a call on the clemency plea made by him.
Justice Kurian said the curative petition of Memon needs to be heard afresh as it was dismissed without following correct procedure and rules laid down by the Supreme Court.
He said defect in deciding the curative petition needs to be cured otherwise there will be clear violation of the Right to Life of the convict under Article 21 of the Constitution.
Justice Kurian said the error is apparent on the face in deciding the curative petition. This court under the Constitution is for the protection of life of a person, it is not helpless and courts like the Supreme Court should not be rendered powerless, he added.
Senior advocates, including Attorney General Mukul Rohatgi, appearing for either side, said that there will be no order in law if one judge stays death warrant and the other doesn’t.
The judges were therefore of the view that the Chief Justice would constitute a bench and keep the matter for hearing tomorrow itself.