SCOI Report, Monday 27 July 2015: Yakub Abdul Razak Memon vs State of Maharashtra Through the Secretary, Home Department, and Others
Monday’s hearing of Yakub’s writ petition against his death warrant (W.P. [crl] 129/2015) in Court No.3 of the Supreme Court took a turn, which was completely unexpected by counsel on both the sides.
The author of this unexpected turn, was undoubtedly Justice Kurian Joseph.
As Yakub’s counsel, Raju Ramachandran was prepared to argue on merits, little did he expect Justice Joseph to provide him a new ground on a platter.
The ground of attack is that Yakub’s curative petition was improperly dismissed by three senior Judges of the Supreme Court on July 21, without circulating it to two more Judges, Justices J Chelameswar and Kurian Joseph, who were part of a three-Judge Bench (the third Judge was Justice Anil R Dave, who was part of the curative Bench as well) which heard and dismissed his review petition.
Justice Dave, who sat next to Justice Joseph, showed no response to this new ground being canvassed by Ramachandran, thanks to Justice Joseph’s query.
The AG, Mukul Rohatgi, suggested that as the curative petition is against the main judgment, its circulation among the Judges who heard the review petition is not required. Justice Joseph disagreed with this view, saying that the curative petition is also against the review judgment.
The AG , who called the curative petition as the ‘second arrow in the bow’ wondered why Yakub did not file a curative after the rejection of his review petition in chambers in 2013. The scope of the review petition was expanded later with the Supreme Court making it mandatory to be heard by a Bench of three Judges in open court.
To this, Justice Joseph said rather than Yakub being responsible for the delay, the delay was useful to him.
Ramachandran advanced two major arguments: One, the death warrant was issued, before Yakub could file his curative petition, and the warrant remained during the pendency of the petition. In terms of the Supreme Court’s recent judgment in Shabnam, such a warrant was illegal.
Second, in view of the curative petition being dismissed on July 21, whatever mercy petitions filed on behalf of Yakub earlier, and considered and dismissed by the Governor and the President, were wiped out, and Yakub is entitled to file fresh mercy petitions, after the dismissal of his curative.
Further arguments will continue on Tuesday, July 28.
Photo by Andy Dolman
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With due respect to acumen and competence of Justice Joseph, though his records as a judge discerns otherwise,
i am still unable to understand that when only premature issuance of death warrant is challenged, then y everyone is so eager to rewrite the judgement by opening up the flaws in the curative petition itself,
Can anyone Clarify is there any precedent or procedure of reviewing order of dismissal of curative petition..?? or Judges are rewriting the laws..??
is there anthing beyond curative petition (once dismissed assuming flaws in the dismissal procedure)..
No trolls
"Spine?"
All he showed was some ego issue he has with the CJI (apparent since the Great Xmas holiday debate)
This is just another way of hitting back at Mr Dattu and Mr Dattu has hit back in turn by constituting a new bench which has just said there is no problem. Ergo Mr Kurien was in the wrong to begin with.
All these "justices" should be sent on a one way trip to Bangkok.
Yes it is apparently visible, don't need any expertise to understand the endeavors for creating a sympathy wave by using all means, news, newspaper, signature campaign, NGO's involvement etc..
Its unfortunate that Yakub Kasab might be killed tomorrow in a cruel and inhumane manner - a cruel and inhumane punishment for whatever he did or did not do. .
If the Afzal Guru unjustified killing could take place, then Yakub Memon had even less of a chance.
Still hopeful ... because one must continue to hope.
Karma always hits back, you like it or not, I am not sure about after life adventures which he was promised, but in this life he got what he deserves..!!
If karma really worked, There is a long list of politicians in this country who should be suffering.
Power works here, not karma.
I personally know several persons who have not been held accountable in this life for enabling physical harm towards me.
Karma has its own peculiar way of punishing people..!!! you believe it or not everyone pays for their deeds sooner or later..!!
so as per you his deeds should go unpunished, if not, all Hindus will be blamed..!! height of hypocrisy
Or maybe you are just a troll with intent to distort my views so that you can get a reaction. Sorry, not interested :)
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