Yakub Memon – Timeline of legal developments

Trial in the blast cases commences.

Judge Pramod Kode, Presiding Officer of the Designated Court under Terrorist and Disruptive Activities (Prevention) Act, 1987 delivered its verdict in Bombay Bomb Blast Case, Greater Bombay in BBC No. 1 of 1993.Yakub Memon sentenced to death along with other punishments.

Yakub and other convicts file an appeal to Supreme Court under Section 19 of the TADA Act – Criminal Appeal No. 1728 of 2007.

CBI also initiated proceedings before the Supreme Court for confirmation of the death sentence and appeals against the acquittal of some of the accused persons.

Aggravating Circumstances:

While hearing Yakub’s appeal against his conviction and death sentence by TADA Court, Supreme Court noted his following conduct:

• Tiger Memon had instructed other accused (those involved in blast) to stay in touch with Yakub for further instruction. Meaning thereby, Yakub had assumed the role of Tiger Memon in India during his absence.
• Tiger Memon gave the commands to Yakub, who in turn had passed them to other accused thereby signifying the trusted position that Yakub had obtained from Tiger Memon.
• Yakub’s role was limited not only to the extent of correspondence between the masterminds and all other accused but he was also entrusted with task of handling the explosive bags and for their safe keeping, which is again revealed in the confessional statements of various co-accused persons.
• Yakub was actively involved in hawala transactions for the purpose of facilitating the blasts on 12th March 1993.
• Yakub acquired tickets both for Dubai and Pakistan for transporting the [blast accused] to the respective places for the purpose of training and coaching them in envisaging their participation for the blasts in Bombay.
• Yakub and Tiger, both owe an equivalent responsibility for the blasts, both were the architects of the blasts and played effective control over the incident unlike other accused.
• Yakub was one of the brains behind the hatching of larger conspiracy for the Bombay Bomb Blasts in 1993.
• The dominant position and significant role played by Yakub is a factor that may aggravate his punishment.
• He was part of the deliberate choosing of localities like Century Bazaar, Zaveri Bazaar, Katha Bazaar, Stock Exchange Building etc. where there was more prospect of public gathering. The manner of its execution and its design would put it at the level of extreme atrocity and cruelty.

Mitigating circumstances:

Yakub’s lawyer submitted before the Court that there were mitigating circumstances which which call for relaxation in the severity of sentence:

• He is a Chartered Accountant by profession and a respectable person in the society before the occurrence of this incident.
• It was a fabricated case and he was merely inflicted in the trial on the sole ground of being the brother of Tiger Memon. [Contention rejected by Supreme Court]
• No criminal antecedent.
• He had served more than 19 years in jail.

Court observes:

We have gone through the judgment sought to be reviewed and we have considered the arguments advanced on both sides. As requested, we have also gone through the judgment of the trial court, in order to appreciate the contention on conviction and sentence. We find that all the arguments advanced by the review petitioner have been considered in detail in the judgment which is sought to be reviewed. Hence, we do not find any error apparent on the face of record or any other ground so as to warrant interference in exercise of our review jurisdiction.

Curative Petition filed by Memon dismissed by the Supreme Court of India. [READ ORDER]

Petition was dismissed in chambers by CJI HL Dattu and Justices TS Thakur and AR Dave. Bench observed:

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.

Memon files a mercy petition with the Governor of Maharashtra.

Writ Petition filed for a stay on execution till the mercy petition is decided:

Writ Petition (Crl) No. 129 of 2015 – Yakub Abdul Razak Memon v. State Of Maharashtra

Petition refers to the 27 May order of the Supreme Court where it had quashed the “haste” death warrants issued to Amroha couple

In view of the aforesaid analysis, we conclude that the curative petition which is decided by three senior most Judges of this Court cannot be flawed and the issue of death warrant by the TADA Court on 30.04 2015 cannot be found fault with. In the result, the writ petition, being sans merit, stands dismissed.