The supreme court on Tuesday reserved its order on the plea of Yakub Razzak Memon, a death-row convict in the 1993 Bombay serial blasts case, seeking to convert death penalty into life imprisonment.
A five-judge constitution bench headed by chief justice RM Lodha reserved the order after hearing arguments from the counsel of Memon and the Centre on his plea challenging the government's decision rejecting his mercy plea in May.
President Pranab Mukherjee had rejected Memon's mercy plea following recommendations of the Maharashtra government and the Union Home Ministry.
Memon's counsel argued that his client has been lodged in the jail for past 20 years and death would be a "harsher punishment", which is longer than the 14-year jail term awarded in cases of life imprisonment.
He also held the ground that the review petition filed by death row convicts should be heard in an open court after hearing the arguments from the parties concerned.
Memon sought the bench to declare the existing SC rule of deciding the review plea of death convicts in the judges chamber unconstitutional.
Appearing for the Centre, solicitor general Ranjit Kumar opposed the plea of Memon saying the convicts get several chances to place their defence before the court.
An open hearing of a convict's review plea will reopen the case and rehearing of the whole case, which the top court should not allow to take place.
The bench also reserved its order on a similar plea of Red Fort Shootout convict Ashfaq. The bench also already granted a stay on their execution of death penalty.
Memon, a chartered accountant and brother of fugitive terror mastermind Tiger Memon, was sentenced to death by a special court under TADA in 2007, after being found guilty of charges of criminal conspiracy and for arranging finances and managing its disbursement through the co-accused in the 1993 Mumbai serial blasts case.
The top court upheld the TADA court's verdict in March, 2013. In October that year, Memon had applied for a presidential pardon, following which a report from the state government was sought by the home ministry.
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