Yakub Memon: Justice Served or Denied?

Thursday 30th July 2015 06:21 EDT
 
 

The clinical execution of 1993 blasts, Yakub Memon in the early hours of July 30, has segregated the country into those blasting the government questioning humanity and those strongly in support of 'Justice'.

Yakum Memon, an highly educated, financially successful Chartered Accountant was the main accused in the 1993 Mumbai Serial Blasts that claimed the life of more than 250 lives. He was brother to Tiger Memon, the mind behind the offensive, and he allegedly handled his brother Tiger Memon’s funds and was accused of having funded the training of 15 youths who were sent to Pakistan to learn the art of handling arms and ammunition. He was also accused of funding the escape of the Memon family following the blasts in the financial .

After an year of hiding, he was caught in Kathmandu Airport with multiple passports, following which, he surrendered himself in hopes of returning home with dignity. It is reported that he had struck a deal with the CBI and expected mercy during trial. He maintained his innocence and denied knowledge of the blasts, revealing he came to know of the conspiracy only after he reached Pakistan. Despite his efforts, Yakub Memon was given death penalty by a Terrorism and Disruptive Activities Prevention Act court in 2007. His words “Forgive them Lord for they don't know what they do,” still haunts those who were present during the verdict.

The 53 year old ran out of doors to knock as he filed petitions after petitions after his execution was scheduled to be carried out on July 30. President Pranab Mukherjee rejected his mercy plea on recommendations from the Maharashtra Government and the Home Ministry. He also sought Maharashtra Governor CV Rao who rejected his mercy plea. His lawyers made last ditch attempts as they camped outside the residence of the Chief Justice of India and the Supreme Court registry with a fresh petition, seeking an urgent hearing on the stay of the execution and urging to list the matter a hearing at night. They argued that the President could not decide on the mercy plea overnight and that there should be a 14 day gap between the rejection of mercy petition and execution. It stated that he “was not given advance notice of the death warrant hearing and as a result of which he and his lawyers could not participate and contest the issuance of the death warrant. Lack of hearing makes the present death warrant void in light of the Supreme Court decision in Shabnam v Union of India & Ors, Writ Petition (Criminal) No 88 of 2015 (decided on May 27, 2015).”

In a pattern vaguely similar in Yakub's case, the apex court said the curative petition that “was decided by the three senior-most judges cannot be regarded as void or inappropriate” in context of the principle that was laid down by this court in an earlier judgement famously known as Hurra case. “In view of that we conclude that the curative petition decided by the three senior-most judges cannot be faulted. Thus, we disagree with the views expressed by Justice Joseph at this juncture.”

The sole accused of the blasts, Memon was hanged at 6:45 AM at Nagpur Central Jail amid massive security, on his 53rd birthday, barely two hours after his petition was rejected. Memon’s brother Suleiman and his lawyers met jail authorities and spent around three hours to complete last-minute formalities. They took custody of the body which was taken to Mumbai for burial by a service flight. The police banned filming or taking photographs during transportation from the airport to the burial ground to avoid any breach of law and order. He was taken directly to Bismillah Manzil in Mahim where Suleiman Memon lives.

A political furore has erupted as people contest against the government and each other. Why such haste in the decision? Why was Yakub singled out in the grim show of terrorism? Weren't the conspirators and commuters more involved in the act than someone who was allegedly funding it? In the struggle to deliver justice, was it really rendered? A million thoughts crossed a million minds as India lived the irony of witnessing Yakub Memon and Abdul Kalam's funerals on the same day.


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