A three-judge bench of the Supreme Court today confirmed that Yakub Memon will hang by rejecting doubts raised over the legality of the dismissed July 21 curative petition and upholding his death warrant. Simultaneously, the Maharashtra governor also rejected Memon's mercy petition. Memon has filed another mercy petition with the President. If the President rejects it, Memon will be hanged on July 30, his 53rd birthday, in Nagpur jail.

After a sharp difference in opinion had cropped up between the two judges hearing the case on Tuesday, Yakub Memon’s petition was rescheduled to a three-judge bench today. On Tuesday, one of the judges, Justice Dave, quoted verses from the Manusmriti while rejecting Memon’s petition and allowed for the hanging to go ahead as planned. The other judge, Justice Joseph, however, pointed out the procedural violations in Memon’s July 21 curative petition and asked for a stay on the death warrant scheduled for Thursday.

On Wednesday, the three-judge bench consisting of Justice Dipak Mishra, PC Pant and Amitav Roy, however, rejected Justice Joseph's arguments against the curative petition and held that due process of law had been followed. Memon's death order was upheld.

Background

Yakub Memon was held guilty of being a part of the conspiracy to plant a series of bombs in 1993 in Mumbai which lead to the deaths of 257 people. His brother, Tiger Memon was also one of the main accused along with Dawood Ibrahim, both of whom are thought to be in Pakistan.

Memon is the only person involved in the blast case to face death. Ten others who also received capital punishment were granted mercy.

Questions have also been raised from a number of quarters regarding Memon’s death sentence. A petition was filed with the President on Monday which included the signatures of lawyers, academics and members of Parliament. In an unpublished column written many years ago, B Raman, a former senior official of the Research and Analysis Wing, who coordinated the operation for Memon’s return from Karachi, made a case against the death penalty for Memon.

Indian courts have handed out 2,052 death sentences between 1998 and 2013, according to National Crime Records Bureau records. But in the last ten years, only three executions have been carried out.