YAKUB ABDUL RAZAK MEMON versus STATE OF MAHARASHTRA AND ANR.

YAKUB ABDUL RAZAK MEMON versus STATE OF MAHARASHTRA AND ANR.

The petitioner had sufficient opportunity after rejection of the first mercy petition, which was submitted by his brother but fully known and communicated to him; legal remedy was not denied; subsequent mercy petitions do not entitle the petitioner to 14 days' notice or further time as per Shatrughan Chauhan; there was no error in issue of death warrant and stay is not justified.

Parties
Petitioner: Yakub Abdul Razak Memon; Respondents: State of Maharashtra and Anr.
Jurisdiction
India
Judgment Date
30 July 2015
Procedural Posture
Writ Petition (criminal) / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Mercy Petition, Death Sentence, Right to 14 Days Notice, Bombay Blast Case, Article 72 of the Constitution, Stay of Execution
Constitutional Law Criminal Law Mercy Petition Death Sentence Right to 14 Days Notice Bombay Blast Case Article 72 of the Constitution Stay of Execution

Case Brief

Summary, issues, holding and outcome

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Parties

Yakub Abdul Razak Memon

Petitioner

State of Maharashtra and Anr.

Respondents

Procedural Posture

Writ Petition (criminal) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the non-grant of 14 days' time after rejection of mercy petition justifies stay of execution of death warrant
  2. 2 Whether subsequent mercy petitions entitle the petitioner to further challenge and additional time before execution
  3. 3 Whether there was denial of legal remedy to the petitioner

Ratio Decidendi

The petitioner had sufficient opportunity after rejection of the first mercy petition, which was submitted by his brother but fully known and communicated to him; legal remedy was not denied; subsequent mercy petitions do not entitle the petitioner to 14 days' notice or further time as per Shatrughan Chauhan; there was no error in issue of death warrant and stay is not justified.

Court Disposition

Petition dismissed

Orders

  • No stay of execution granted
  • Death warrant execution proceeds as scheduled