Suspending Yakub Mamon's execution, a bench of Justice J.S. Khehar and Justice C. Nagappan tagged his plea with that of December 2000 Red Fort attack death row convict Mohamed Arif, who has contended that the review petition in death sentence cases should be heard in open court and not to be decided by circulation amongst the judges.
President Pranab Mukherjee May 21 rejected Memon's mercy plea. He applied for presidential pardon in October 2013.
Appearing for Memon, senior counsel Upamanyu Hazarika told the court that the Law Commission in its report in 2003 said that the appeal in death sentence cases in the Supreme Court should be heard by a five-judge bench but noted this recommendation has not been acted upon so far.
He said the question whether a review petition in death sentence cases could be decided by the judges in chamber by circulating it as provided in the court's rules is pending adjudication by a constitution bench by court's order of 2011 and 2014 in two different cases.
Hazarika told the court that Memon has already undergone 20 years of imprisonment following his arrest from Kathmandu airport in 1994 and could he now be sent to gallows? In the case of Arif, the court was told that he has already undergone 14 years of incarceration and now he could not be executed.
Holding that this involved the question of interpretation of constitutional provisions, a bench of Chief Justice R.M.Lodha, Justice Madan B. Lokur and Justice Kurian Joseph April 28 referred the matter to the constitution bench.
The Supreme Court March 21 upheld the death sentence awarded to Memon by the special (now lapsed) TADA (Terrorism and Disruptive Activities Prevention Act) court and confirmed by the Bombay High Court.
Memon has been described as a mastermind of 1993 Mumbai bomb blasts - a series of 13 explosions March 12, 1993, claiming 257 lives and leaving 713 injured.
On March 21, the apex court bench, while confirming his death sentence, said his "deeds can't be viewed distinct from the act of Tiger Memon, hence, both owe an equivalent responsibility for the blasts".
The court described Memon and others as "driving spirit" and "architects of the blasts, without whom the plan would have never seen the daylight".
"Yakub Memon also played an active role in generation and management of funds for achieving the object behind the conspiracy and in all subsequent events," it said.
The TADA trial court presided over by Justice P.D. Kode had commenced the trial Nov 4, 1993, and pronounced its 4,230-page verdict July 31, 2007.
The trial court awarded death sentence to 12 people, including Memon. One of them passed away.
The trial court had also sentenced 20 people to life imprisonment and 46 others, including Bollywood star Sanjay Dutt, were given varying terms of imprisonment.