Supreme Court dismisses Yakub Memon’s curative petition against death penalty [Read Order]

IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
CURATIVE PETITION (R) NO.30 OF 2015
IN
REVIEW PETITION (CRL.) NO.474 OF 2013 [Read Order]
IN
CRIMINAL APPEAL NO.1728 OF 2007 [Read Judgment]

YAKUB ABDUL RAZAK MEMON                  ..PETITIONER(S)
VERSUS
STATE OF MAHARASHTRA
THROUGH STF, CBI, MUMBAI                 ..RESPONDENT(S)


O R D E R

The petitioner has raised certain grounds in the Curative Petition which would not fall within the principles laid down in the case of Rupa Ashok Hurra vs. Ashok Hurra & Another, reported in 2002 (4) SCC 388. In the said decision the Court has concluded that Curative Petition can be entertained provided the petitioner establishes:

  1. Violation of the principles of natural justice in that he was not a party to the lis but the judgment adversely affected his interest or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice, and;
  2. where in the proceedings a learned judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.

Since none of the grounds stated in the Curative Petition would fall within the parameters indicated in the case of Rupa Ashok Hurra (Supra), the Curative Petition stands dismissed.

Ordered accordingly.

…………CJI.
(H.L. DATTU)
…………..J.
(T.S. THAKUR)
…………..J.
(ANIL R. DAVE)

NEW DELHI,
JULY 21, 2015.

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