A series of questions are socializing in various spheres of law, which raise disturbing issues about how Yakub Memon’s last-ditch efforts to stay his execution were handled. Days after Yakub Abdul Razak Memon was sent to the gallows for his role in the 1993 Mumbai serial blasts, questions have been raised about the nature of the Supreme Court proceedings leading up to the execution, and the manner of disposal of his mercy plea by President Pranab Mukherjee hours before he was hanged. These incidents had caused unease in legal and judicial circles and refuse to die down.
The blast that has taken lives of 257 people within a few minutes and 700 people were injured. These dastardly acts, at the time of their commission, were unambiguously known to the perpetrators to be crimes under the laws of any nation and against humanity of all religions. The perpetrators did not take into their consideration the victims’ need to come to term with their lives, right to life, human rights, need to plan for their respective families, etc. apart from this the main culprits enjoying their life with neighbouring enemy country, but no government has any guts to get them back.
In the bargain even the unrelated Judges, except for their judicial role, are also attacked and threatened. The punishment is not tit for tat, but that is permitted under, and after due process of law. If the existing law needs change, then go for that. Anyway, there is no deadline for a President to decide on mercy petitions. I wonder, why the SC applies different yardsticks with respect to mercy petitions. That a Bench in an earlier well known case granted clemency to four persons who were sentenced to death observing that the President did not make up his mind even after 11 years. Let us not forget that the President alone has the authority to grant clemency. Moreover, people should now close the case of Yakub Memon’s execution as it is in the interest of the safety of the country and peaceful nation. The various circles of law and judiciary were not the victims of Memon’s bomb blasts to witness the tragedy. By keeping this issue alive, people are just supplying good and hybrid fodder to Pakistan to attack India verbally. Already, the SC Judge in Memon’s case received threats to his life inspite of heavy security. In this situation, there is no point in going against the execution ordered by SC and President of India.
The media house have recently raised questions on whether President Mukherjee rejected Memon’s mercy plea without proper application of the mind and in haste, considering the fact that there is no deadline for a President to decide mercy petitions. In the history of this country, has the President decided any clemency petitions eight hours before the execution? Again as a supplementary question, has the President given the Union Home Minister a personal hearing on a clemency plea?
Was the disclosure by B. Raman ever considered by the President before rejection of the mercy plea? Was the condemned man’s plea that he is schizophrenic considered by the President while deciding the mercy petition? It goes against the principles of natural justice to hang a sick man. Memon spent 21 years in jail. Did the President consider whether he was a reformed person? Was his conduct in jail considered? Under the theory of punishment, a reformed person should not be executed. Retribution should not be the sole reason to send a person to the gallows. Has a person who has spent 21 years of his life behind bars without a single parole, a “zero person”, been executed before in the history of this country? Was Memon worth hanging?
The lone death rows convict Yakub Memon, in the 1993 Mumbai Bomb Blast, was executed on July 30th. Nothing could stop him go. Tiger Memon, Dawood Ibrahim, Jawed Chikna, some of the principal accused, are all still absconding. The primary chargesheet in the case was filed in 1994 and in April 1995 the trial started. The prosecution presented more than 600 witnesses and it was in 2000 that the testimony of all of them was wrapped up. In September 2006 the court pronounced its judgement.
At the last moment, everyone made noise to save his life but this time judiciary was not very kind to him. Yakub died leaving many questions behind. Twenty two years, 600 witnesses and 100 guilty sentences later one hanged but can government ever get main culprits Dawood Ibrahim and Tiger Memon to India? Meanwhile, this case had seen many surprises and with lots of twist and turns. There are three types of people in our country, the one who has decided Yakub is innocent. Second category people are those who have decided Yakub should not be hanged and he is innocent without going in to details if really he has done wrong. Last category of people is those who are least bothered about pros of cons of such cases but confused with judiciary’s double standards.
