Mumbai/New Delhi, Aug 7: Justice Dipak Mishra who received a death threat letter on Friday will be given enhanced security. The legal fraternity has frowned upon this threat and says that the verdict that he had issued in the Yakub Memon case was delivered with all fairness.
The petition which was filed by Yakub Memon into the dead of the night hours before his hanging on July 30th 2015 has been marked to be reported by the Supreme Court and has some very interesting observations.
The order delivered at 4.59 am on July 30th around one and half hours before the hanging of Yakub Memon has some very interesting observations made by Justice Mishra who wrote the judgment on behalf of the Bench. [Judge who heard Yakub Memon's plea gets death threat]
Memon had time to make peace to meet his maker:
While stating that the petition filed by Yakub Memon is a clear expose of the manipulation of the principle of rule of law, Justice Mishra observed that he had adequate time to prepare himself to meet his "Maker" and made peace within himself.
The petitioner was tried for which is known as "Bombay Blast Case' and stood convicted in the year 2007. Almost 22 years have passed since 1993 when the incident occurred.
We have not perceived any error in the issue of the death warrant as per our order dated July 29 22015.
The only exception which has been enthusiastically carved out by Yakub Memon's lawyers is that they are entitled to get 14 days' time to assail the rejection of the mercy petition.
When the first mercy petition was rejected on 11.04.2014, there was sufficient time available to the petitioner to make arrangement for his family members to meet him in prison and make necessary worldly arrangements.
There was adequate time to prepare himself to meet his Maker and to make peace with himself.
The ink on earlier verdict has not dried up:
The Bench headed Justice Mishra had heard a petition on July 29th at 4.15 pm filed by Yakub Memon. After the petition seeking to set aside the death sentence was rejected, he moved the Supreme Court at midnight.
Justice Mishra observed, the issue that had seen the end after the day's drill at 4.15 p.m. yesterday, i.e., 29.07.2015, appears to have unending character because precisely after ten hours, about 3.15 a.m. on 30.07.2015, it has risen like a phoenix possibly harbouring the idea that it has the potentiality to urge for a second lease of life.
We may mention that, before the ink in the earlier judgment has dried up, the present writ petition has been filed by the petitioner assailing the legal justifiability of the execution warrant dated 30.04.2015 issued by the Presiding officer, Designated TADA Court, Mumbai, for execution of the petitioner at 7.00 a.m. on 30.07.2015 and further to direct the stay of the petitioner's execution till the instant writ petition is disposed of.