The Supreme Court on Wednesday stayed the execution of Yakub Memon, lone death row convict in the 1993 serial blasts case, till January 28. A three-judge bench headed by Justice Anil R Dave sought the response of the Central Bureau of Investigation on Memon's review petition.
Memon's counsel argued that neither the trial court nor the apex court gave special reasons for sending him to gallows. He further contended that his client had been in jail for past 22 years and there was also a possibility of his reformation.
"My entire conviction is based on retracted confession of several co-accused," the lawyer argued, adding, "The judgment under review does not talk about the fact and evidence that I took part in any terrorist activities."
The lawyer also alleged that Memon was convicted and given the death penalty by the special TADA court even before the detail judgment was delivered by the court, hence his conviction is not valid.
Earlier, the review petition used to be heard in chambers but later, the apex court had ruled that the review pleas involving death convicts would be heard in an open court.
On September 26, the apex court had first stayed Memon's execution and agreed to hear his review plea.
In June, a Constitution bench had ruled that all the death row convicts, whose review petitions have already been rejected but their sentence has not been executed, may file fresh review petitions within a month for an open court hearing.
However, in the cases, where the curative petition has already been decided, the death row convict will not have this opportunity to avail.
Taking his cue from the judgment, Memon moved a plea for re-hearing of his review plea in an open court.
Memon is the brother of Ibrahim Memon, better known as Tiger Memon, the alleged mastermind and prime accused who is absconding in the blast case.
Memon is presently lodged in the high-security ward of Nagpur jail. In March last year, the SC had confirmed his death sentence, holding him guilty of being behind the blasts that killed 257 people, while commuting the death sentence awarded to 10 others to life imprisonment till their death.
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