Abolish Death Penalty India: Bombay Bomb Blast

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Friday, February 6, 2015

On death row, Yakub Memon appears in MA political science exam

Vaibhav Ganjapure,TNN | Jun 7, 2014, 02.40 AM IST

NAGPUR: His conviction in the Bombay bomb blasts case of 1993 and the award of death penalty has not deterred Yakub Memon from pursuing his hobby of gaining knowledge. His penchant for education has led Yakub Memon, a chartered accountant by profession, to take admission in MA (Political Science) course and he is appearing for the second year exam now.

"He appeared in the first paper on Tuesday. He is given the question paper inside 'Fasi Yard' (high security ward) on the premises of Nagpur Central Jail, where he is on death row. Being a high profile prisoner, he is not allowed to go out," Indira Gandhi National Open University's (IGNOU) regional director P Sivaswaroop told TOI. He will appear in four more papers for the course, with the second scheduled on Monday. The exam would conclude on June 28.

Sivaswaroop pointed out that Memon was not the lone death row convict to appear in the MA exam. "Over 300 prisoners are appearing for various courses of IGNOU, which is certainly a good sign. For us, Memon is just like other jail birds serving various terms behind bars," he said.

Memon's mercy petition was recently rejected by President of India Pranab Mukherjee, but his death sentence has been stayed by a division bench of the Supreme Court comprising justice JS Khehar and justice C Nagappan on June 2 while serving notice to the Maharashtra government.

This younger brother of Tiger Memon, mastermind of 1993 blasts that killed 257 innocents and injured over 700, was initially sent to the gallows by the Mumbai TADA court in November 2006. Subsequently, his death penalty was confirmed by the Bombay High Court and he was transferred to Nagpur jail. The apex court's confirmation came on March 21 last year, which termed him as the "driving spirit" behind the blasts and "mastermind of terror". He then filed a clemency petition with the President.

The IGNOU director said that Memon had earlier completed his MA (English) in second division and was conferred with a degree during the convocation on April 12, 2013, at Nagpur University's Guru Nanak Hall. But since he was on death-row, police officials refused permission to him to attend the ceremony, unlike other prisoners.

Source: http://timesofindia.indiatimes.com/city/nagpur/On-death-row-Yakub-Memon-appears-in-MA-political-science-exam/articleshow/36169586.cms [last accessed 06.02.2015]

Supreme Court stays Yakub Memon's execution in 1993 blasts case

Swati Deshpande, TNN | Dec 11, 2014, 02.54AM IST

MUMBAI: In a relief to Yakub Memon, the lone death row convict in the March 12, 1993 Mumbai serial blasts case, the Supreme Court on Wednesday issued notice to the CBI in a review plea he filed and stayed his hanging. Yakub Memon, younger brother of the absconding blasts mastermind Tiger Memon, has been in custody for almost two decades and is at present lodged in Nagpur prison.

A bench of three judges headed by Justice AR Dave and comprising Justices J Chelameswar and Kurian Joseph granted relief to Memon, whose death sentence the President of India had upheld earlier this year. Memon moved the SC again with a review petition against the death penalty. The SC three-judge bench posted it for hearing on January 28, 2015. "It is directed that death penalty shall not be executed till the pendency of the review petition," the judges said. Earlier on June 2, the vacation bench of the SC had stayed Memon's execution and asked that his review be listed for hearing.

Memon's case is that the courts have not given any special reasons for sending him to the gallows. The designated trial court under the repealed Terrorist and Disruptive Activities (Prevention) Act had in 2006 held him guilty of criminal conspiracy and financing air tickets to send co-conspirators for arms and RDX training to Pakistan. The conviction was based almost entirely on retracted confessions of the approvers and other co-accused.

The SC, in its 2013 judgment upholding the death sentence, had observed that "A-1 (Yakub Memon) assumed the role of Tiger Memon in India during his absence." Memon's case in the review plea is that the apex court does not refer to any independent evidence to show his role in the actual terrorist activities in the planning and execution stages.

Memon, who sources said is not keeping good health and is under medication in Nagpur jail, has sought commutation of the death penalty also on the grounds that he cannot be punished twice for the same offence since he has already served 20 years in prison.

Yakub Memon, younger brother of the absconding blasts mastermind Tiger Memon, has been in custody for almost two decades and is at present lodged in Nagpur prison. A chartered accountant, Memon has been in solitary confinement in a separate cell in Nagpur jail since his conviction in 2006. Prior to that, during trial, he was in Mumbai's Arthur Road jail since his return to India with his family to surrender in 1994. Neither Yakub nor any other member of his family confessed in the case. A constitution bench had earlier said a review plea must be given a hearing in an open court, and Memon sought just that.

Over 250 people died and more than 700 were injured in the blasts. Yakub's parents, his three brothers and sister-in-law had returned to India with him and were all tried. While his wife, mother and brother Suleiman were acquitted, Yakub, two brothers Essa and Yusuf and sister-in-law Rubeena were convicted and sentenced.

Source: http://timesofindia.indiatimes.com/india/Supreme-Court-stays-Yakub-Memons-execution-in-1993-blasts-case/articleshow/45464270.cms [last accessed 06.02.2015]

SC extends stay on Yaqub Memon’s death sentence

New Delhi, Sep 26 : The Supreme Court Friday stayed execution of the death sentence of 1993 Mumbai bomb blast convict Yakub Abdul Razak Memon as it issued notice to Maharashtra government on his petition seeking an open court hearing of his plea for the review of the apex court’s verdict upholding his death penalty.

Yakub Memom

Extending the June 2 order suspending his death sentence, a bench of Justice T.S.Thakur, Justice S.A. Bobde and Justice R. Banumathi in their order said that the execution of the death sentence will be stayed. Seeking the revival of his review petition, which was earlier dismissed after being considered in the chamber by the judges, Memon relied on Sep 2 verdict of the apex court’s constitution bench which had held that a petition seeking the recall of the apex court’s order upholding the death sentence will be heard in an open court by a bench of three judges. The constitution bench in its Sep 2 order had also said: “It will also apply where a review petition is already dismissed but the death sentence is not executed so far. In such cases, the petitioners can apply for the reopening of their review petition within one month from the date of this judgment.”

Memon is the second death row convict whose plea for recall of the order upholding the death sentence is being revived after it was dismissed earlier. On Sep 12, the court had fixed Oct 29 for an open court hearing of Nithari serial killer death row convict Surendra Koli’s review plea which had also been dismissed earlier. The Supreme Court March 21, 2013, had upheld the death sentence awarded to Memon by the special (now lapsed) TADA (Terrorism and Disruptive Activities Prevention Act) court and confirmed by the Bombay High Court. Memon has been described as a mastermind of 1993 Mumbai bomb blasts – a series of 13 explosions in India’s business capital March 12, 1993, which claimed 257 lives and left 713 injured. President Pranab Mukherjee May 21 rejected Memon’s mercy plea. He applied for presidential pardon in October 2013.

The TADA trial court presided over by Justice P.D. Kode had commenced the trial Nov 4, 1993, and pronounced its 4,230-page verdict July 31, 2007. The trial court awarded death sentence to 12 people, including Memon. One of them subsequently passed away. The trial court had also sentenced 20 people to life imprisonment and 46 others, including Bollywood star Sanjay Dutt, were given varying terms of imprisonment. (IANS) Source: http://odishasuntimes.com/89138/sc-extends-stay-yaqub-memons-death-sentence/ [last accessed 06.02.2015]

The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George