New Delhi: The Supreme Court on Tuesday referred to a larger bench the plea of Yakub Abdul Razak Memon seeking stay of his execution in 1993 Mumbai blasts case.
Justices A R Dave and Kurian Joseph differed on the issue of entertaining the plea of Memon, the sole death row convict in the case.
While Justice Dave refused to stay the death warrant for July 30, Justice Kurian said capital punishment would not be executed.
In the common order, the judges referred the matter to the CJI who will take a call at 4 PM on the issue.
Justice Dave while dismissing Yakub’s plea left it for the Maharashtra Governor to take a call on the clemency plea made by him.
Justice Kurian said curative petition of Memon needs to be heard afresh as it was dismissed without following correct procedure and rules laid down by this court.
He also said the defect in deciding curative petition needs to be cured otherwise there will be clear violation of Right to Life of convict under Article 21 of the Constitution.