<p>After a two-judge bench of the Supreme Court differed over staying the death warrant issued to 1993 Mumbai serial blasts convict Yakub Memon on Tuesday, a three-judge bench will now hear the plea on Wednesday. <br /><br />The bench will consist of Justices Dipak Misra, Prafulla C Pant and Amitava Roy. On Tuesday, a bench of Justices A R Dave and Kurian Joseph disagreed over whether the death warrant issued for July 30 against the convict should be stayed.<br /><br />Justice Dave said it was a fact that his conviction had been confirmed by the apex court, and that the review as well as the curative petition have been dismissed, and his pardon plea also rejected “possibly because of the gravity of the offence”, so his current petition is also dismissed. <br /><br />Justice Joseph, on the other hand, said the procedure prescribed under the law for deciding curative petition of a person dealing with his life had been violated, so the death warrant issued on September 12 was stayed till further orders. <br /><br />Justice Dave, however, refused to pass common order to stay the warrant. Since the divergent views resulted in no outcome, Memon's counsel, senior advocate Raju Ramachandran, as well as Attorney General Mukul Rohatgi rushed to the Chief Justice H L Dattu-led bench, who agreed to set up a larger bench to take up the petition.<br /><br />Differences in view<br />The differences in view became quite apparent since the beginning of the hearing. Justice Dave said they were passing the buck to the Chief Justice and also to the lawyers who wanted to protect Yakub, and that it was now for them to decide. <br /><br />Looking at Yakub's counsels, Ramachandran and senior advocate T R Andhyarujina, he said, “I hope you know whom you are trying to save.”<br /><br />Justice Dave went on to recite verses from “Manusmriti”, to state that the king, who has to be a saint himself, must punish the sinners or the sin will fall on him and that a “danda” (stick) has to be used for those who inflict cruelty on the innocent. </p>.<p>Justice Joseph, on his part, said: “Life is a Constitutional right. Law is not helpless and this court is not powerless to protect the right to life. Law is for the man and if it is about the life of a man, no technicality can prevent this court from passing appropriate orders.”<br /><br />Rohatgi, who was representing the Maharashtra government, strongly opposed hearing any plea by Memon seeking the court’s indulgence. <br /><br />“You are only delaying the inevitable. The fact is that this man has to go to the gallows and it cannot be doubted today. We also have respect for human life but its other side is that 257 people were killed. It cannot be argued that this man was not involved,” he told the bench.<br /><br />Rohatgi said, at some point of time, the court had to give finality to its order, or there would be no end to writ petitions. Even if death warrant was quashed, it could be issued again, he added.</p>
<p>After a two-judge bench of the Supreme Court differed over staying the death warrant issued to 1993 Mumbai serial blasts convict Yakub Memon on Tuesday, a three-judge bench will now hear the plea on Wednesday. <br /><br />The bench will consist of Justices Dipak Misra, Prafulla C Pant and Amitava Roy. On Tuesday, a bench of Justices A R Dave and Kurian Joseph disagreed over whether the death warrant issued for July 30 against the convict should be stayed.<br /><br />Justice Dave said it was a fact that his conviction had been confirmed by the apex court, and that the review as well as the curative petition have been dismissed, and his pardon plea also rejected “possibly because of the gravity of the offence”, so his current petition is also dismissed. <br /><br />Justice Joseph, on the other hand, said the procedure prescribed under the law for deciding curative petition of a person dealing with his life had been violated, so the death warrant issued on September 12 was stayed till further orders. <br /><br />Justice Dave, however, refused to pass common order to stay the warrant. Since the divergent views resulted in no outcome, Memon's counsel, senior advocate Raju Ramachandran, as well as Attorney General Mukul Rohatgi rushed to the Chief Justice H L Dattu-led bench, who agreed to set up a larger bench to take up the petition.<br /><br />Differences in view<br />The differences in view became quite apparent since the beginning of the hearing. Justice Dave said they were passing the buck to the Chief Justice and also to the lawyers who wanted to protect Yakub, and that it was now for them to decide. <br /><br />Looking at Yakub's counsels, Ramachandran and senior advocate T R Andhyarujina, he said, “I hope you know whom you are trying to save.”<br /><br />Justice Dave went on to recite verses from “Manusmriti”, to state that the king, who has to be a saint himself, must punish the sinners or the sin will fall on him and that a “danda” (stick) has to be used for those who inflict cruelty on the innocent. </p>.<p>Justice Joseph, on his part, said: “Life is a Constitutional right. Law is not helpless and this court is not powerless to protect the right to life. Law is for the man and if it is about the life of a man, no technicality can prevent this court from passing appropriate orders.”<br /><br />Rohatgi, who was representing the Maharashtra government, strongly opposed hearing any plea by Memon seeking the court’s indulgence. <br /><br />“You are only delaying the inevitable. The fact is that this man has to go to the gallows and it cannot be doubted today. We also have respect for human life but its other side is that 257 people were killed. It cannot be argued that this man was not involved,” he told the bench.<br /><br />Rohatgi said, at some point of time, the court had to give finality to its order, or there would be no end to writ petitions. Even if death warrant was quashed, it could be issued again, he added.</p>
