Yakub Memon Midnight Hearing

Yakub Abdul Razak Memom v. State of Maharashtra , Writ Petition (CRL.) NO.135 OF 2015 on 30 JULY, 2015

The year 2015 witnessed a rare event of the Apex Court opening its gates for hearing an urgent Writ petition of Yakub Memon. Yakub memom final plea before the Apex court of India is heard in court Room number 4 which was opened for an unprecedented 90-minute hearing that started at 3.20 AM and ended a little before dawn.

The Bench comprising Justice Dipak Mishra, Justice Amitava Roy and Justice P.C. pant agreed and observed that granting further time was not necessary in the present case. The bench said the execution was “inevitable” after the rejection of the mercy petitions.

 Yakub memom was executed the very next day on his birthday.

We do not think it is a case of such nature where it can be said that a legal remedy was denied to the petitioner. True it is, the first mercy petition was submitted by the brother of the petitioner, but as the facts would clearly show, he was aware of the same. Learned Attorney General would contend that the petitioner, in fact, had written a letter to the concerned Superintendent of Jail pertaining to the same.

Regard being had to the totality of facts and circumstances of this case, we are not inclined to accept the submission that the petitioner mercy petition was preferred by the petitioner for the first time and, therefore, 14 days’ time should be granted so that he can do the needful as per law. In our considered opinion, to grant him further time to challenge the rejection of the second mercy petition for which we have to stay the execution of the death warrant dated 30.04.2015 would be nothing but the travesty of Justice. Resultantly, we do not perceive any merit in this writ petition and the same is, accordingly, dismissed.

Yakub Memon was convicted in 2007 for his role in financing the 1993 Mumbai serial blasts. His brother, Tiger, and underworld don Dawood Ibrahim, who masterminded the blasts, are missing.

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