SC judges disagree on Yakub Memon's plea to stop his hanging


New Delhi, Jul 28 (PTI): 1993 Mumbai blasts convict Yakub Memon's petition to stop his hanging on Thursday was referred to the Chief Justice of India after sharp differences between two judges today.

One of the judges, Justice Anil Dave, said Yakub's execution should not be stopped, because "if the king doesn't punish the guilty with red eyes then the entire sins will come on the king."

This was not acceptable to Justice Kurien Joseph, who said that there was a violation of procedure and "such technicality should not stand in the way to protect the life of a person."

The judges have asked Chief Justice HL Dattu to set up a larger bench to decide.

Yakub has pleaded that the death warrant for his execution is illegal because it was issued when he had not quite exhausted every legal option; his curative petition had not been heard at the time. It was rejected last week.

Justice Dave refused to stop the death warrant, but Justice Kurian agreed that the curative petition had not been dealt with correctly, and that the defect "needs to be cured otherwise there will be clear violation of Right to Life of the convict."

Yakub Memon, 53, was found guilty in 2007 of helping plan the deadly terror attack in which 257 people were killed in Mumbai. His brother Tiger Memon, the main accused along with underworld don Dawood Ibrahim, has been missing since 1993.

Of the 11 sentenced to death, Yakub was the only convict not granted mercy.

A group of eminent citizens, including politicians, jurists and retired judges, have asked President Pranab Mukherjee to grant mercy to Yakub, arguing that "in comparison to Yakub Memon, the 10 co-accused persons planted the bombs and played a much more critical and direct role in the actual execution of the conspiracy."

The president rejected Yakub's mercy plea last year.

On Sunday, actor Salman Khan was forced to apologise and retract tweets in which he said instead of Yakub, his brother Tiger Memon, the main accused who is missing, should be hanged.

  

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Comment on this article

  • Ads, Kudla

    Wed, Jul 29 2015

    If you can't hang him then put him in the deep sea where bin Laden was thrown. Why we need criminals just kick the butt out.I feel very upset keeping such devil alive in jail at the cost of poor people money

    DisAgree Agree [2] Reply Report Abuse

  • Don, Mangalore

    Wed, Jul 29 2015

    What a shame after 20 years of deliberations and evidence presented in court, I can’t believe these 2 judges are diagonally opposite each other.

    If one judge cannot agree with the judgment of his colleague it is not wonder when there are 2 Indians, there are 3 or perhaps 4 or more opinions.

    DisAgree Agree [2] Reply Report Abuse

  • lukas, malpe

    Wed, Jul 29 2015

    why parliament can't pass resolution that all criminal and rape and corruption case should finish within one year direct from SC not any court, but they cant do this because if they done 50% parliamentarian will be inside jail.that is why Yakub supporter ask these question why only hang minority in india why not for all like buller who killed Panjab CM, then Rajiv Ghandi killer's and and even in case of Dara singh and Gujarat roits government just asking for life sentence where somany innocent children and people killed.

    DisAgree Agree Reply Report Abuse

  • Bandae Khuda , Jeddah

    Tue, Jul 28 2015

    Law is one and the same to all.
    Now gujrat culprits, malegaon blast, Babri masjid culprits must be hang according to our judiciary, then only we say " This is a Law and Judiciary of India"

    DisAgree Agree Reply Report Abuse

  • Roshan Braganza, Mumbai

    Tue, Jul 28 2015

    @ramesh , mangalore . The whole process is legal but not political . In afzal guru , azmal kasab court did not issue prior notice before handing , which is again a gross human right violation , so they did not had chance to apply for curative petition . After these hangings , there was a mandate that notice should given prior to hanging . In dhanjay chatterji case in kolkotta , year 2003 , he was hanged due to political pressure by basu government , though his crime was not ' rarest of rare ' . Besides he was very poor and could not afford lawyer . M not sure about amnesty that time .

    Death punishment comes heavily on poor and does not serve socio economic justice. Its high time India abolishes capital punishment , even ex president Dr kalam supported this move .

    DisAgree [1] Agree Reply Report Abuse

  • Bandae Khuda , Jeddah

    Tue, Jul 28 2015

    In Gujrat 2002, victims get the justice? malegaon blast victim get the justice? Babri Masjid victims get the justice?....No. but why only 1993 victims supporters in stand by, I agree 257 but where is thousands victims? Only judiciary for yakub only? Remember Fednavis Insha Allah allah Yakub will get rewards in Jannah if he is innocent.

    DisAgree [1] Agree Reply Report Abuse

  • John, Karkal

    Tue, Jul 28 2015

    Today's argument between two judges is just a preparation for 30th July to protect the terrorist.
    Quite strange in our legal system that whenever a convict is not sentenced, no one will question why is he not punished. But if convicted by the court, then everyone will revolt to revoke the decision. What is right? Who is right in the LAW? ultimately what is law if Judge is not right in verdict?

    DisAgree [16] Agree [10] Reply Report Abuse

  • Hyda, Mangalore

    Tue, Jul 28 2015

    The people who storm Police station to release culprit and create unwanted chaos around Police station says believe in Judicial system and respect law..!

    DisAgree [1] Agree [13] Reply Report Abuse

  • sureshshetty, mangalore/mumbai

    Tue, Jul 28 2015

    better you bring 10 brothers or sisters of the 257 dead due to this terror act , all innocent people have killed mercilessly, can salman imagine the financial & emotional loss to those families, if his brother or sister died by these attack u think salman will give this type of reply, now day by day terrorism will increase unless u are not giving death penalty.those who are involved in killing 257 people and 1000people injured all should be hanged.

    DisAgree [4] Agree [17] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Jul 28 2015

    Rezy, Muscat
    I do agree with you.
    My comments (thank to Salman Khan) carry sarcasm and I never expected any one to Agree.

    DisAgree [7] Agree [2] Reply Report Abuse

  • abhyankar, mumbai

    Tue, Jul 28 2015

    wat a shame a 10 times we people are thinking while taking action against bomb blast terrorist . He got supporters. People like rahul gandhi kejriwal are quite on this issue.

    DisAgree [26] Agree [17] Reply Report Abuse

  • INDIAN, MANGALORE

    Tue, Jul 28 2015

    hello man,

    how about shatrugan sinha? and other bjp chaddies.

    DisAgree [11] Agree [15] Reply Report Abuse

  • Prakash, Dubai

    Tue, Jul 28 2015

    Hello, Indian mangalore,

    If you see 1 useless chaddi fellow in BJP, you will get more than 10 chaddiless fellows in other parties. Shatrugna is now closer to Nithish. may be its the effect of Nithish. enough for you.

    DisAgree [12] Agree [13] Reply Report Abuse

  • Raj, Mangalore

    Tue, Jul 28 2015

    Rahul & Kejariwal will start after 31st July.

    DisAgree [3] Agree [11] Reply Report Abuse

  • Sadi, Mangalore

    Tue, Jul 28 2015

    Yes.. Prajna singh, Col Purohit, Aseemananda, Babu Bhajrangi and Kodnani have millions of supporters and followers as same as Memon..!
    Owaisi rightly said the word 'Mazhab'.

    DisAgree [1] Agree Reply Report Abuse

  • Roshan, Mangaluru

    Tue, Jul 28 2015

    I was there in bombay and heard each of the explosion working in colaba - near Taj. I wished for swift justice and hanging all those who were part of this cowardly act.

    But Indian justice and Govt has failed miserably. 1) It takes 20 odd years 2) The main culprits are still alive and hiding 3) Some who actively participated in the crime is given life sentence.

    We can not claim honour in hanging someone who voluatarily surrendered and never been directly involved. His crime if I read the news reports correctly is a) he is the brother of tiger memon - the main devil b) he was aware of the plan, but did not do anything to stop. Since we can not get hold of dawood, pick a relative and hang him is not justice.

    DisAgree [12] Agree [26] Reply Report Abuse

  • Rahi, Mangalore

    Tue, Jul 28 2015

    Oh realy??? Aseemananda said RSS knews and approved Malegao, Ajmer, Samjhota Express and Mecca Masjid blast. Moreover Sadhvi Prajna Singh is close associate of our honerable HM of India.
    Gujarat riots was scripted and no need explanation. Mumbai riots was also scripted by ruling coaliation pressent govt. What you say now?
    None says Memon is innocent but hang all those terrorist along with Memon. This is what nation wants except saffron brigade.
    Insaaf sabko milna chahiye.

    DisAgree [1] Agree Reply Report Abuse

  • PEACE LOVER, INDIA

    Tue, Jul 28 2015

    The family members of 1,500 people killed, 1,829 injured and 165 missing in the gruesome riots of December 1992, and January 1993 in Mumbai are denied justice till this date. Displaying exemplary courage, justice B.N. Srikrishna has produced a report that is unflinching in its conclusion that it has implicated the Shivsena and its leadership in the Mumbai riots of 1992-93. The report has squarely blamed Shivsena supremo Bal Thackeray, who commanded his loyal Shiv Sainiks to retaliate by organised attacks against Muslims.
    HANG YAKUB MEMON ON 30TH JULY AND ALONG WITH HIM ALL THE PEOPLE RESPONSIBLE FOR THE KILLINGS OF INNOCENT PEOPLE IN MUMBAI, GUJARAT, AJMER, MAKKAH MASJID, MALEGAON, SAMJOTHA EXPRESS TO BE EXECUTED. NO MERCY TO BE SHOWN TO THE PEOPLE RESPONSIBLE FOR THE KILLINGS OF INNOCENT PEOPLE WHOEVER THEY ARE, WHICHEVER RELIGION THEY BELONG TO !

    DisAgree [1] Agree Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Jul 28 2015

    Salman khan kush huah!

    DisAgree [8] Agree [11] Reply Report Abuse

  • India First, India

    Tue, Jul 28 2015

    Looks funny, even judges can not decide collectively on terrorism !! Its the same SC which awarded death penalty and now why they are doing so many dramas ??? Looks like some judges are Salman Khna's fans !!

    DisAgree [13] Agree [12] Reply Report Abuse

  • Rezy, Mlore/MCT

    Tue, Jul 28 2015

    They are not Salman Khan's Fan, but they looked at verdict given to Maya Kodnani, Pragya Singh and others and they liked it.

    DisAgree [14] Agree [27] Reply Report Abuse

  • Flavian, Mangalurru/Kuwait

    Tue, Jul 28 2015

    Thanks to Salman Khan!

    DisAgree [13] Agree [8] Reply Report Abuse

  • Hussain, dxb

    Tue, Jul 28 2015

    Do we have faith on our Judiciary system?

    DisAgree [6] Agree [18] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Jul 28 2015

    yes.. we do! ... because, its our judiciary which awarded him death penalty!... and they are still struggling to deiced, if his hanging should eb stopped!

    read the heading "SC judges disagree on Yakub Memon's plea to stop his hanging"... disagreement is on Yakub's plea of stopping hanging! if there is continued disagreement, then Hanging will go as per the earlier order! they can only reject his mercy plea! dont worry, we have STRONG JUSTICE SYSTEM, NOT MERE LEGAL SYSTEM!

    DisAgree [21] Agree [12] Reply Report Abuse

  • Hussain, dxb

    Tue, Jul 28 2015

    Then why the mastermind behind 1992-93 riots & 2002 riots are still free ?
    Why Salman Khan & Jayalalitha got acquitted ? How Sreesanth got clean chit even though it was proved how he signalled to the bookies...And lot many cases

    DisAgree [12] Agree [28] Reply Report Abuse

  • Anti Corrupt, Mangalore. Kuwait

    Tue, Jul 28 2015

    Arre yaar Hussain, I have asking the same question. Some of the politicians should walk the gallows before Yakub.

    DisAgree [4] Agree [16] Report Abuse

  • Prakash, Dubai

    Tue, Jul 28 2015

    Hussain DXB,

    It Means you completely lost faith in our Judiciary system. What is your next opinion to decide the fate of culprits?.

    DisAgree [13] Agree [9] Report Abuse

  • Vantage Point, mangalore

    Tue, Jul 28 2015

    Even former CJI of SC and members of different political parties including those from BJP had signed petition to president requesting them to annul death penalty on yakub,claiming wrong approach in prosecuting yakub...If you get tiger hang him...Even ex-Raw chief was against death penalty on yakub....

    Why no political parties are demanding death penalty on rajiv gandhis murderer and Ex C.M of punjab and make big speech on it during election...??Coz they cant play politics there...If they do politics on these people they may have to face wrath of tamils and in punjab ....
    By requesting "yakub" or "afzal" which took place much later they can play politics of hanging and claim themself as patriot what they cant play it on others...

    DisAgree [3] Agree [14] Reply Report Abuse

  • Rezy, Mlore/MCT

    Tue, Jul 28 2015

    Looks like now the court will take same and equal decisions which was taken for Maya Kodnani and Pragya Singh.

    If people were happy about courts verdict on Maya Kodnani, Pragya Singh and similarly other, the same people should also be happy now.

    Equal law applied.

    DisAgree [6] Agree [18] Reply Report Abuse

  • Naveen, Mangalore

    Tue, Jul 28 2015

    why they publish a day of hanging? what they did Afzal Guru? without mention the public they hanged. If he get more time 100% he will come out of hanging. just wait and watch.

    DisAgree [1] Agree [16] Reply Report Abuse

  • ashraf, mangalore

    Tue, Jul 28 2015

    if yakub is innocent our supreme court is wrong?? i feel sorry those who support terrorists..all are equal under law..insha allha jai hind..

    DisAgree [3] Agree [35] Reply Report Abuse

  • Sethu, Mangalore

    Tue, Jul 28 2015

    "One outlaw can take hundreds of innocent lives without notice and due process, but the establishment cannot take life of one outlaw with due process and notice" is nothing short of absurdity. Generations to follow will laugh at you for this illogical logic. Capital punishment should be abolished, but not in India. Here, life imprisonment is restricted to 14 years. If the convict is powerful, financially or politically, you can see him on the street after three or four republic days. Whenever convicts from a section of society reaches the gallows, we have experienced hue and cry like this. Even Ajmal Kasab, the most fit person for elimination, was not an exception to this dictum. execution Mr. Dhananjoy Chatterjee enjoyed no special privileges and he faced gallows without any controversies and legal hurdles. The so called intellectuals and think-tanks were altogether missing from the scene. Hardcore convicts shall be kept segregated to insulate civilized society from contamination and, in Indian context, capital punishment is an absolute necessity. Indians need to accept capital punishment. After all, it is only a civilized hanging, but not a barbaric stoning or decapitation.

    DisAgree [8] Agree [7] Reply Report Abuse

  • Roshan Braganza, Mumbai

    Tue, Jul 28 2015

    Justice Kurian optimistic approach should serve as lifer for convict , sure yakoob is convict but therez is human way of punishment ie Life imprisonment till death , not death after 15 years of imprisonment. With due respect to all victims of this carnage , i hope justice prevails.

    DisAgree [5] Agree [14] Reply Report Abuse

  • Ramesh S, mangalore

    Tue, Jul 28 2015

    ..then SC & Congress Govt done injustice to AFZAL GURU!!..If you look at gravity & number of deaths, Mumbai blasts took more innocent life than parliament attack..But the difference is AFZAL GURU attacked our great MPs, while TIGERs attacked helpless poor people..it seems you can hang for attacking MPs but not for poor people..

    DisAgree [1] Agree [12] Reply Report Abuse

  • Ramesh S, mangalore

    Tue, Jul 28 2015

    ..what would have been to these TIGERS if they were committed these crimes in KSA?..it took only 2 months for UAE to punish a Emiratee women who killed a women in Mall bathroom..But we have spent whole 10 years in courts and when verdict came, still we are debating what to do with the man who killed 300 people and orphaned thousand!!..

    DisAgree [5] Agree [8] Reply Report Abuse

  • vivek, Hirebile/ Abu Dhabi

    Tue, Jul 28 2015

    Issue is Complicated...though he is NOT INNOCENT ....it is BOMB BLAST my dears!!..(not Cracker FIRE)...if Tiger behind as Mind ...Yakkob acted as Body....both are crucial to accomplish target!!...Supreme Court is right...or else there may Lot of Bodies in INDIA waiting to act as per mind from Outer Country ....

    DisAgree [6] Agree [19] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Jul 28 2015

    a man, leaves behind his scooter and runs away in the morning with hsi entore family , lands in Pakistan, surrenders his passport and ISI accompanies him to safe haven, and same day so many bombs explode in city and you, who has large business interest here, dont even try to see what damage it has done to your own places and property and lives aaram se there for a year and half, in between travles to bangkok etc with Paki passports and builds his business and accidentally gets caught in NEPAL, when Nepal police, sees so many fake passports in your suitcase - and then you say you want surrender and ready to give crucial inputs about your brothers and say he is bad, NOT ME! - its so much of coincidence! its like a girl sleeping under a banana tree and turning pregnant!

    if he gave crucial inputs, then so did Kasab give so many inputs about pakistan, which they just put in the dustbin. did we say, bring the planners to justice, and let go Kasab? what nonsense is this?

    DisAgree [8] Agree [23] Reply Report Abuse

  • Ramesh S, mangalore

    Tue, Jul 28 2015

    ..another story goes like this..a college student from conservative,god fearing family missing from home for 4 days and familY files missing case..later she was encountered along with 3 other men(identity of 2 still unknown,its concluded they are pakis)..next day LET/JEM says she fidayeen & hails her as martyr..commonsense says they are terrorist..But after encounter, Congress says they are innocent, family says she was out for picnic(but dont who are the men who accompanied her), Teesta goes world tour purchasing wine, efficient police officers jailed, Home minister jailed and CM hounded by every one incl., media for killing terrorist..and now campaign going on 'SAVE THE TIGERS' & SC searching loopholes in their own verdicts!!..this is INDIA..

    DisAgree [10] Agree [12] Reply Report Abuse

  • I.A, Polya

    Tue, Jul 28 2015

    Same like reading a RSS Mouthpiece ......

    DisAgree [13] Agree [10] Reply Report Abuse

  • Kusuma Kumari CHiitti G , Nellore/Kodyadka

    Tue, Jul 28 2015

    I am against all cpaital punishment We have no right to kill God is all powerful and he will punish people if they do bad things ANyway mumbai bombings were a henious crime I dont disagree with that

    DisAgree [25] Agree [16] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Jul 28 2015

    I dont think we have to be so touchy about capital punishment! It is not awarded to each of the pickpocketers or so... it is awarded, in the worst of worst crimes and should be there as a deterrent! but problem, is when there is a death penalty awarded, there is a tamasha and few "human rights industry crops up"! there should not be any discussion further on it! Let Judges take few more years, if they are concerned, but once it is awarded, should go ONLY in Supreme court for higher appeal and President for amnesty! if both reject, hang within 21 days! no need to spend more money on him! Along with Yakub, Rajiv Killers, Bhullar, and rest too should go one by one! NO MERCY

    DisAgree [2] Agree [21] Reply Report Abuse

  • sid, mangalore

    Tue, Jul 28 2015

    looks like our tax money will go for another few years of Biryani and may be he will stand for elections ....every thing is possible .

    DisAgree [12] Agree [26] Reply Report Abuse

  • Praveen, Kulshekar

    Tue, Jul 28 2015

    And veg Palao for prajna Singh Takur and col. Purohit and no to forget Asaram

    DisAgree [7] Agree [22] Reply Report Abuse

  • Ramesh S, mangalore

    Tue, Jul 28 2015

    ..today NDTV headline said ' My names is Yakub Memon, i am not a terrorist'..this news channel really su##s..

    DisAgree [28] Agree [29] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Tue, Jul 28 2015

    Ramesh
    I think you had read the headline only and not the contents of the article. The Yakub Memon referred here is not that terrorist, but the corporater of Mumbai's C ward, a better known figure. He is a social worker and he described here the problems he encountered having the same name.

    DisAgree [6] Agree [27] Reply Report Abuse

  • Hussain, dxb

    Tue, Jul 28 2015

    Ramesh S is always obsessed with NDTV, countries like Iraq/ Syria, figures like Zakir Naik, RG etc !! His comments are always incomplete without mentioning these names

    DisAgree [8] Agree [18] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Jul 28 2015

    babri, godhra, modi, feku, 2002, RSS - undu bududu yee daala bete baretana? vhe vhe vhe

    DisAgree [1] Agree Report Abuse

  • Rudolf, Mumbai

    Tue, Jul 28 2015

    Although I respect the apex court's verdict for the mass killing of innocents in cold blood however, it is very good to see that all legal options/confusions are cleared and exhausted before the final verdict is given to leave no scope for controversies later on!!

    DisAgree [6] Agree [13] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Jul 28 2015

    Justice Kurien is the same judge, who rejected CJI's request of working on a good friday holiday!! he has bit of religious mind... His "observations" in this case are unfortunate! I dont think, he will consider "TREASON" as reason enough to hang someone! ... I hope terrorist also keep working day, holiday, off on festivals mind - the way Kurien sees world.. :)

    DisAgree [28] Agree [30] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Jul 28 2015

    Why disagree in Public ...

    DisAgree [13] Agree [16] Reply Report Abuse

  • CSKudla, Mangalore

    Tue, Jul 28 2015

    We con't decide who right who wrong but we can respect our judiciary systems.

    DisAgree [13] Agree [11] Reply Report Abuse

  • Ramesh S, mangalore

    Tue, Jul 28 2015

    ..why SC worried about so called eminent people..let SC judges talk to families of blast victims & then decide..the Govt & victims families are the parties not SHATRUGNA SINHA OR NASEERUDDIN SHAH..what these eminent peopel have lost, nothing..

    DisAgree [7] Agree [21] Reply Report Abuse

  • prakash, Mlore

    Tue, Jul 28 2015

    one side our security people working hard to save our country and another side we are discussing about hang the terrorist or not ? don't demoralize our security people by doing this, be tough when it comes to terrorism . dont show MERCY ON TERRORISM. they are not humans. bomb doesnt see any religion when it blast.

    DisAgree [13] Agree [49] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Tue, Jul 28 2015

    Some people are having a soft corner for terrorists, now I'm asking them would you have same opinion if your any family member would have died in '93 Bomb Blast????

    DisAgree [9] Agree [41] Reply Report Abuse

  • Krishna, Dubai

    Tue, Jul 28 2015

    Aur 20 saal biriyani kilavo

    DisAgree [25] Agree [57] Reply Report Abuse

  • INDIAN, MANGALORE

    Tue, Jul 28 2015

    LIKE SADHVI PRAJNA...

    DisAgree [9] Agree [13] Reply Report Abuse


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Title: SC judges disagree on Yakub Memon's plea to stop his hanging



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