The final decision on whether Yakub Memon will be hanged or not will be taken by a larger Bench of the Supreme Court of India. The Bench of the Supreme Court which was split in its decision decided to refer the matter for a final decision to a large Bench.
The larger Bench of the Supreme Court will have a host of issues to deal with before it delivers its verdict. The Bench comprising Justices A R Dave and Kurian Joseph were divided in their opinion on whether to entertain the plea or not.
Division of opinion:
The Judges on the Bench were divided on whether the plea by Yakub Memon needs to be entertained or not. While Justice Dave felt that the plea ought not to be entertained, Justice Kurian felt otherwise.
Justice Dave was of the opinion that Memon had exhausted all legal options and coming back to the Supreme Court would set a bad precedent. It would open up a can of worms and several convicts would continue to come back to the Supreme Court despite their final options being rejected and this would be a never ending process.
Justice Kurian on the other hand differed from what his brother judge. He felt that the review was not heard by a Bench which had delivered the original verdict. He said that there were technicalities involved which needed to be addressed and hence Memon's plea could be entertained.
Chief Justice will take final call:
It is now up to the Chief Justice of the Supreme Court, H L Dattu to take a final call on the matter. The Chief Justice will have to constitute a larger bench to hear the matter. He would also need to decide on whether the stay on Memon's execution slated for July 30 would be carried out or not.
Justice Dattu was part of the three judge bench which had rejected the curative petition filed by Memon challenging his exeucution. The Bench had last week rejected the curative petition. Memon then chose to move the Governor of Maharashtra and also the Supreme Court once again.
Memon had stated that the circumstances had changed. He was suffering from schizophrenia since 1996 and has remained behind the bars for nearly 20 years.
Commute my death penalty to life, he has pleaded before the Supreme Court. I have served a longer term than what a life convict would. I cannot be subject both to life and death imprisonment, he contended.