New Delhi: The Supreme Court on Thursday confirmed the death penalty for 1993 Mumbai serial bomb blasts convict Yakub Abdul Razak Memon, and junked his plea to reconsider the previous verdict.
A three-judge bench led by Justice Anil R Dave dismissed the review petition by Memon after holding there was no ground to interfere with the judgement to hand out capital punishment to him. Memon is left with the only legal remedy of filing a curative petition against this judgement.
Memon had sought the recall of March 21, 2013 apex court order upholding his death sentence on the grounds that he may be held guilty of a conspiracy to commit terrorist acts but he was not actually involved in executing the blasts that led to death of people.
According to his counsel Jaspal Singh, evidence could prove only an involvement of Memon in the conspiracy to commit a terrorist act and the punishment prescribed under the now repealed-Terrorist and Disruptive Activities (Prevention) Act did not entail a death sentence.
The court was told that under TADA, a person attracts death sentence only when he is actually involved in committing the terror strikes resulting in deaths of people. He also pointed out an alleged error by the trial court in relying upon certain documents which were otherwise not admissible as evidence. Singh further contended that the judgement was not ready when Memon was heard on the quantum of punishment and hence he had no occasion to know grounds of his conviction.