Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rules 4(1) C and (2) - Curative petition - 1993 Bombay bomb blasts - Conviction and death sentence- Question in the instantwrit petition arose as to whether the curative petition was decided in accordance with law - Held: Anil R. Dave. J.: The review petition and curative petition were dismissed -Applications D for pardon were rejected by the President of India and the Governor of Maharashtra. One more application for pardon is still pending - It is open to Supreme Court Rules 2013: Order XLV/11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Supreme Court Rules, 2013: Order XLVIII, Rules 4(1) and (2) — Curative petition - 1993 Bombay bamb blasts — Conviction and death sentence -— Question in the instant-writ petition arose as to whether the curative petition was decided in accordance with law — Held: Anil R. Dave, J.: The review petition and curative petition were dismissed — Applications for pardon were rejected by the President of India and the Governor of Maharashtra. One more application for pardon is still pending — It is open to the Governor to dispose of the Said application before execution date — In the circumstances, writ petition is dismissed — Kurian Joseph, J: Rules 4(1) and (2) state that curative petition has to be circulated to a Bench of three senior-most judges and the Judges who passed the © judgment complained of, if available — Order dismissing curative petition was considered by Bench of three senior- most judges of the Supreme Court - The curative petition was circulated to three senior-most judges only and not to other judges who passed the judgment complained of - Thus order passed in curative petition was not as per the procedure prescribed under the Rules — Curative petition to be considered afresh in terms of mandatory requirement u/r. 4 of Order XLVIII — Death warrant is stayed — In the matter of protection of life, even if a point or ground is not raised in a petition, it is the duty of the court to consider.the issue —- Law is not helpless and court is not powerless — In view of difference of opinion, matter referred to Three-Judge Bench. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 527 |
Petitioner | Yakub Abdul Razak Memon |
Respondent | State Of Maharashtra, Thr. The Secretary, Home Department And Ors. |
SCR | [2015] 12 S.C.R. 655 |
Judgement Date | 2015-07-28 |
Case Number | 129 |
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