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SC dismisses plea, Mumbai blasts’ convict Yakub Memon to be hanged

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By NewsGram Staff Writer

The Supreme Court on Tuesday dismissed a curative petition by 1993 Mumbai serial bomb blasts convict Yakub Abdul Razak Memon. He will be hanged on July 30.

Memon had challenged the earlier verdict of the apex court to uphold his death sentence.

Rejecting the curative petition, a bench of Chief Justice H.L. Dattu, Justice T.S.Thakur and Justice Anil R. Dave said that “none of the grounds stated in the curative petition would fall within the parameters” involving the violation of the principle of natural justice and apprehension of bias.

The curative petition was taken up in the chambers.

He is likely to be hanged in the Nagpur Central Jail, where he is currently lodged, following the rejection of his mercy plea in April this year by the president.

He was sentenced to death 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 which left 257 dead and over 700 injured across the city on March 12, 1993.

Subsequently, Memon – brother of one of the main absconding accuseds, 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 apex court on April 9 had dismissed Memon’s review petition seeking the recall of its March 21, 2013 verdict upholding his death sentence.

Dismissing his review petition on April 9, the court had said: “We find that all the arguments advanced by the review petitioner have been considered in detail in the judgment (of March 21, 2013) which is sought to be reviewed. Hence, we do not find any error apparent on the face of record or any other ground so as to warrant interference in exercise of our review jurisdiction.”

The apex court by its March 21, 2013 verdict, while upholding the death sentence, had said that his “deeds can’t be viewed distinct from the act of Tiger Memon, hence, both owe an equivalent responsibility for the blasts” that led to 13 serial bomb blasts in Mumbai.

“They were the architects of the blasts, without whom the plan would have never seen the daylight. From this conduct, it is not hyperbole to state that, he (Memon) was one of the ‘driving sprit’ behind the plan of the 1993 blasts, whereas the other appellants played a far lesser role and thus a lesser contribution to the crimes resulting from this plan”, the court had said.

The court had then held that the dominant position that Yakub Memon held in the execution of serial blasts was an “aggravating factor by itself, as it gives the status of direct responsibility”. “Since Yakub Memon as well as other absconders were the real conspirators who hatched the scheme for such a tragic act, the other 10 appellants were mere subservient subordinates whose knowledge and acquaintance might have been restricted to their counterparts.”

“It is difficult to rule out with certainty that if the absconding accused (Dawood Ibrahim, Tiger Memon and Ayub Memon) were to be brought to trial, they might have thrown further light at the role played by Yakub Memon,” the court had observed in 2013.

The apex court on April 9 had dismissed Yakub Memon’s plea for the review of death sentence verdict for the second time as it had earlier dismissed his similar plea seeking the recall of March 21, 2013 verdict.

Memon’s plea for the recall of his death sentence verdict was rejected earlier too, but it was taken up once again by the constitution bench. The September 2, 2014 judgment had said that review pleas in death sentence cases would be heard in the open court by a bench of three judges.

It also ruled that this “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”.

 

(With inputs from IANS)

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Why Does 45th Chief Justice of India Dipak Misra Need ‘Z’-Category Security of Armed NSG Commandos?

Jjustice Depak Misra, who had been recommended as a successor by Justice J.S Khehar in July, becomes the 45th Chief Justice of India and was administered the oath of office by President Ram Nath Kovind.

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The swearing in ceremony of Justice Dipak Misra as the 45th Chief Justice of India. Twitter
  • Justice Dipak Misra was sworn in as the 45th Chief Justice of India
  • His tenure will span for the next 14 months until his retirement in October 2018
  • Justice Misra is the only CJI to have armed protection of black commandos

New Delhi, August 29, 2017: The Chief Justice of India (CJI) J.S Khehar demitted office on August 27. The next in line was Justice Dipak Misra, who was sworn in on August 28 as the 45th Chief Justice of India at a ceremony held at the Darbar Hall of the Rashtrapati Bhawan.

President Ram Nath Kovind administered the oath taking ceremony of Misra, who had been recommended as a successor by Justice J.S Khehar in July this year.

In his career spanning 40 years, Justice Dipak Misra ventured into most realms of the law- civil, criminal, constitutional, revenue services and matters concerning sales tax, proving his grit to take over the new position. But that is not the only intriguing aspect of his career.

Justice Deepak Misra is the first ever Chief Justice of India to have a ‘Z’-category security cover.

The 45th CJI was provided with an upgraded security cover in 2015 after he had received a death-threat letter from terrorist organizations.

Why Would A Supreme Court Judge Need Security Cover?

On July 30, 2015, Justice-Misra headed the three-judge bench in a hearing when Yakub Memon, convicted in the 1993 Mumbai serial blasts, pleaded for a 14 days’ stay on his death penalty just hours before he was to be hanged. The pleas were starkly dismissed in an incomparable 2:30 am hearing and the judgment went on to become a landmark in the Indian legal history.

However, shortly after the hearing, an anonymous letter enclosed in an envelope threatening Misra of dreadful consequences was delivered at his official residence following which he was provided with a ‘Z’ security cover which remains till date.

ALSO READ: Threat letter to judge who rejected Memon’s mercy plea

A protectee under ‘Z’ category gets security cover from armed commandos of the National Security Guards (NSG) along with an escort vehicle and a pilot vehicle, each having three armed personnel, for the protection of his official vehicle.

Today, Justice Misra is the only top judge to ever use a bullet-proof ambassador car supplemented with a police escort.

Chief Justice of India
CJI Dipak Misra, seen here with Vice President Venkaiah Naidu, President Ram Nath Kovind and PM Narendra Modi. Twitter

However, death threats never stalled the 63-year old Justice Dipak Misra from taking monumental judgments and he has been at the forefront of some of the landmark judgments in the recent history. We take a look at the highlights from his career,

1. In May 2017, Justice Misra doctored the long-awaited landmark ruling and confirmed death penalty of the four convicts in the monstrous 2012 Nirbhaya gang rape that shook the entire world.

2. Justice Dipak Misra also headed the bench that mandated to play the National Anthem in cinema houses before the start of every movie for which he received a lot of flak. He also ordered for the viewers to stand up in “committed patriotism and nationalism” every time the National Anthem and/or the National Flag are featured in the theatres.

3. One of the most noteworthy decisions by Justice Misra include directing all State and Union Territories to upload all FIRs registered on their websites within 24 hours of registration at the police station. The move has made the entire process transparent, allowing the accused to download complaints and seek redressal of their grievances.

4. Justice Misra was also one of the seven judges of the special bench set up by the Supreme Court for a contempt of court hearing against Justice C.A Karman who had levied corruption charged on 20 judges of the High Court. The bench defended the constitutionality of the 150-year old law on criminal defamation and sentenced Karnan to six months in jail.

5. In 2015, a Justice Misra-led bench stayed the Maharashtra government’s ban on dance bars that had mushroomed in Mumbai and other parts of the state during the 90s. However, it maintained that the government must take steps to protect and uphold the dignity of women who performed at these bars.

6. Justice Misra is also known for his strict stand against frivolous litigations. He previously rejected one such appeal that had objected to the use of the term ‘Dhobi Ghat’ in a film’s title and had warned the petitioner.

7. He was also part of the bench that rejected the Uttar Pradesh government’s decision to allow for reservations in promotions and asserted that this can only be allowed if there is sufficient supportive data and evidence to justify the decision.

8. Holding chair as the executive chairperson of the National Legal Services Authority, Justice Misra introduced the facility of Legal Assistance Establishment or Nyay Sanyog in states to simplify activities to provide free and faster legal aid to the deprived people.

9. Justice Misra also headed the three-judge bench that instructed the Centre in April 2017 to conduct NEET examination in Urdu from academic year 2018-2019 onwards. NEET examinations are held for students who wish to pursue a graduate medical course or a post-graduate medical course in private or government colleges.

Justice Dipak Misra’s tenure as the 45th Chief Justice of India will span for the next 14 months until he retires in October 2018 and is expected to see judgments in some high-magnitude issues like the validity of the Aadhaar card, the special status accorded to Jammu and Kashmir and the Ayodhya land dispute.


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Aide to Chota Shakeel Nabbed by Police, was Planning to Kill Pakistan-born Canadian writer Tarek Fatah

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Tarek Fatah, a renowned writer condemns some practices of Islam. Wikimedia
  • Chota Shakeel is a well-known confidant of the fugitive don Dawood Ibrahim
  • Police have recently nabbed Chota Shakeel’s aide who is accused of planning the assassination of Tarek Fatah
  • Tarek Fatah is a prolific Pakistan-born Canadian writer who is famous for being vocal against terrorist ideologies and criticizing hardliners

New Delhi, July 09, 2017: The fugitive don Dawood Ibrahim’s well-known confidant, Chota Shakeel, and his close aide were planning to assassinate the prolific Pakistan-born Canadian writer Tarek Fatah before the police spoiled such plans.

The Delhi Police’s Special Cell has arrested Chota Shakeel’s aide who had reportedly received 1.5 lakh for the killing of writer Tarek Fatah. The arrested, Junaid Chaudhary, was nabbed on June 07 in Northeast Delhi, mentioned PTI report.

Junaid, son of a milkman, lived in Gokalpuri area in northeast Delhi. At age 21, he was a student of class XII from an open school.

ALSO READ: Our Culture of Environmental Protection has long been Forgotten, says Union Minister Harsh Vardhan

Tarek Fatah is a vocal critique of terrorist ideologies and extremism. There have often been cases where his statements have been considered controversial. He strongly opposes terrorism.

A pistol with four live cartridges was found on the Junaid, the arrested person. He also had arranged for additional weapons from western Uttar Pradesh. A few youths were also recruited for the plan. Junaid has been arrested before in June last year with 4 other youth for money sent in hawala by Chota Shakeel. He had also received arms and ammunitions. The plan was to kill Swami Chakrapani, the Hindu Mahasabha chief at that time.

Junaid got out on bail after four months, after which he contacted Shakeel again.

prepared by Saksham Narula of NewsGram. Twitter: @Saksham2393

 

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Flashback to Terror: 1993 Mumbai Blasts Judgement to Hail on June 27 After 24 Years

The attack was the first to occur after the Second World War when RDX was used massively

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Mumbai Blasts took a massive toll in the year 1993. Pixabay
  • On March 12, 1993, 12 blasts ripped through the city of Mumbai
  • The judgment of the 6 out of 7 accused has been adjourned till June 27

June 24, 2017:

Twenty-four years after the horrific blasts which shredded the Mumbai city into tears and despairs,  a special Terrorist and Disruptive Activities (Prevention) Act court convicted 1993 Mumbai blasts accused gangster Abu Salem along with five others under the charge of the criminal conspiracy. However, Abdul Qayyum Ansari has been acquitted. The judgment of the accused has been adjourned till June 27.

Flashback: Black Friday in Mumbai (1993)

On March 12, 1993, 12 blasts ripped through the city of Mumbai then Bombay, shedding lives of at least 257 people and 713 injured. The harrowing attack is also known to be the most coordinated terrorist attacks on the grounds of India. The attack was the first to occur after the Second World War when RDX was used massively. The Supreme Court confirmed this in 2014 calling the attack to be the first terror attack after the second world which had used RDX in bulk.

Series of 12 Deadliest Bomb Blasts in 2 hours

Bombay Stock Exchange

A powerful car bomb exploded in the basement of Mumbai Stock Exchange building. The 28 story building was set ablaze leading to 84 deaths and 217 injuries.

Katha Bazar

4 people died in South Mumbai after Parvez Nazir Ahmed Shaikh parked the RDX-laden scooter at Katha Bazar.

Shiv Sena Bhawan

A bomb exploded at a gas station opposite of Shiv Sena Bhawan.

Air India Building

A car bomb exploded in the basement garage of the building, leading to 20 deaths and 87 injuries. Farooq Pawale was convicted and sentenced to death for planting the attack.

Mahim Causeway

Three died in hutments near Mahim Causeway after convicted Salim Rahim Shaikh hurled hand grenade in the area.

Century Bazar

RDX was placed under manhole at Century Bazar the convicted Abdul Gani Turk. The explosion took place when a bus ran over the explosive, killing about 113 people, which was the highest casualty amongst 12 explosions.

Zaveri Bazar

Mohd Shoaib Ghansar had placed RDX filled scooter in the area that killed 19 people in the explosion.

Hotel Sea Rock

A man placed the bomb in the room of the hotel two days prior to the explosion but never stayed in the room. The device exploded shattering every window in the building.

Plazma Cinema

The explosion occurred when an RDX filled Maruti Van was placed at the Plazma Cinema

Hotel Juhu Centuar

The bomb in the hotel was hidden in a room and injured three staff members.

Hotel Airport Centaur

The attack was compiled and combined by Nibandh Vinod. The bomb exploded leaving 2 deaths and 8 injuries.

Conspirator of the Mumbai Blasts

Dawood Ibrahim and the Memon family are believed to be the masterminds behind the Mumbai blasts. Dawood is the famous underworld don whose name also appears in United Nations Charter list of dreadful criminals. The mastermind is said to be hiding since the blasts and is believed to be in Pakistan. He is also alleged to have ties with terror group Al-Qaeda and Lashkar-e-Toiba.  While Dawood, Tiger and Ayub are still absconding, Yukub Memon was sentenced to death in 2015.

The rationale behind the Attack: Why Mumbai?

Many Muslims died in communal riots which broke out in the year 1993 following the demolition of Babri Masjid in Ayodhya and successive construction of a temporary temple in its place. The terror attack was a well-constructed revenge planted by the conspirators to arouse fear in the minds of people and create disharmony among the different sections of society.


– by Naina Mishra of Newsgram. Twitter: @Nainamishr94