Yakub memon case
SAIKRISHNAVOBILISETTI
(Querist) 13 October 2015
This query is : Resolved
On Jul 29, 2015: yakub memon filed a special leave petition in Supreme Court and the Supreme Court rejects Memon's plea for staying execution, upholds dismissal of curative petition.
After that on the same day he filed a fresh mercy plea to President and Maharashtra Governor and the same has been rejected.
On the next day i.e., on 30 jul,2015 Memon filed fresh petition before Supreme Court seeking stay on execution. SC accepted it for hearing and finally rejects it in the wee hours i.e around 2:30 IST.
MY QUESTION IS : EVEN AFTER THE REJECTION OF HIS SLP, UNDER WHICH PROVISION OF LAW DID YAKUB MEMOM FILED A FRESH PETITION IN THE SUPREME COURT ON 30 JUL 2015, SEEKING FOR STAY ON THE EXECUTION?
PLEASE CLARIFY.
Anirudh
(Expert) 14 October 2015
Criminal Appeal 1728 of 2007 decided on 21.3.2013 confirming the conviction.
Criminal Review 474/2013 in Cri. Appeal No. 1728/2007 decided on 13.7.2013.
Application for oral hearing rejected.
Review petition was also rejected as being of no merit by two judge bench.
Curative Petition - Criminal Review 474/2013 in Cri. Appeal No. 1728/2007 decided on 9.4.2015. Plea taken that there was error in the decision of 13.7.2013). A bench of three senior judge bench dismissed the review petition holding that all the arguments advanced by the review petitioner had been dealt with in the judgment which is sought to be reviews, and hence dismissed.
Writ petition (Crl). 129 of 2015 – filed under Article 32 of the Constitution - decided on 28.7.2015 – (writ was filed on the plea that the curative petition was not heard by the judges who decided the review petition, but only by three senior judges of the supreme court leaving out the judges who heard the review petition). In this two Hon’ble Judges Mr. Anil Dave and Mr. Kurian Joseph differed and directed the registry to place the matter before Chief Justice for constituting Appropriate Bench to hear the case.
A three judge bench consisting of Justice Dipak Mishra, P.C.Pant and Amitava Roy was constituted. This bench on 29.7.2015 decided and held that the curative petition decided by three senior most judges of the SC cannot be flawed and dismissed the Writ petition (Crl). 129 of 2015 which complained about non-following of proper procedure in deciding the curative petition.
Writ (crl.) 135 of 2015 – under Art. 32 (decided on 30.7.2015) praying for stay of execution on the ground that death warrant has been issued without waiting for 14 days period after rejection of mercy plea by the President. The writ petition was dismissed as being devoid of merit.
SAIKRISHNAVOBILISETTI
(Querist) 14 October 2015
I am the Citizen Of this Country.
Thank You very much ANIRUDH Sir. Very Good Explanation.
T. Kalaiselvan, Advocate
(Expert) 16 October 2015
Expert Mr. Anirudh has explained very informatively to the academic question too, appreciable (for the information).
