New Delhi: The Supreme Court on Tuesday dismissed a curative petition by 1993 Mumbai serial bomb blasts convict Yakub Abdul Razak Memon.
Memon will be executed on July 30 at 7 am in Nagpur Central Jail, where he is currently lodged.
A three-judge bench headed by Chief Justice HL Dattu rejected Memon's plea, saying that the grounds raised by him does not fall within the principles laid down by the apex court in 2002 in deciding the curative petition, the last judicial remedy available to an aggrieved person.
A chartered accountant, Memon, 53, in his plea, had claimed he has been suffering from schizophrenia since 1996 and remained behind the bars for nearly 20 years. He had sought commutation of death penalty contending that a convict cannot be awarded life term and the extreme penalty simultaneously for the same offence.
The apex court said, "The petitioner has raised certain grounds in the curative petition which would not fall within the principles laid down in the case of Rupa Ashok Hurra vs Ashok Hurra....”
"Since none of the grounds stated in the curative petition would fall within the parameters indicated in the case of Rupa Ashok Hurra (Supra), the curative petition stands dismissed," the bench, also comprising TS Thakur and AR Dave, said.
The SC had on April 9, 2015, had dismissed Memon's petition seeking review of the his death sentence which was upheld on March 21, 2013.
Memon's review petition was heard by a three-judge bench in an open court in pursuance of a Constitution bench verdict that the practice of deciding review pleas in chambers be done away with, in cases where death penalty has been awarded.
The apex court, on June 2, 2014, had stayed the execution of Memon and referred his plea to a Constitution bench as to whether review petitions in death penalty cases be heard in an open court or in chambers.
Memon had sought review of the March 21, 2013 verdict of the apex court upholding his death penalty in the case relating to 13 coordinated bomb blasts in Mumbai, killing 350 persons and injuring 1,200 others on the afternoon March 12, 1993.
His mercy plea was rejected by President Pranab Mukherjee in April this year.
He was awarded the death sentence by a Special TADA Court in Mumbai on July 27, 2007, for his role in the blasts, including arranging finances for carrying out the 13 serial explosions.
Subsequently, Memon - brother of one of the main absconding accused, Ibrahim alias Tiger Memon - appealed against the sentence in the Bombay High Court, the Supreme Court and later filed a mercy petition with the President, followed by a review petition, and then a second review petition.
The bombings, police say, were carried out at the behest of gangster Dawood Ibrahim.
(With Agency inputs)