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SC to hear Yakub Memon’s plea on Monday

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New Delhi: The Supreme Court will hear on Monday the plea by 1993 Mumbai serial bomb blasts convict Yakub Memon, challenging the death warrant issued against him and seeking the stay of his execution set for July 30.

“I have already assigned the bench. It will come by Monday,” said Chief Justice H.L. Dattu as senior counsel T.R. Andhyarujina mentioned the matter before the bench, which also comprised Justice Arun Mishra and Justice Amitava Roy, on Friday.

Memon has moved the court contending that death warrant for his execution on July 30 was issued even before he could have exhausted the legal remedies that were available to him and when his curative petition was pending consideration by the apex court.

The apex court on July 21 had rejected Memon’s curative petition saying that it was void of merit.

On the same day, Memon filed a mercy petition before the Maharashtra governor seeking commutation of his death sentence into life imprisonment.

Memon, in his petition before the apex court, has relied on the apex court’s May 27, 2015, verdict where it had quashed the death warrant issued for the execution of Shabnam and her paramour Salim, both convicted for multiple murders of members of the girl’s family members including a 10-month-old child, on the grounds of it being illegal as procedure was not followed.

Quashing the death warrant, the court had held that the “Right to live under Article 21 does not end with the confirmation of the death sentence by the Supreme Court”.

Holding that “even when death sentence has to be executed, the human dignity is protected”, the court had said: “That is the reason there are many judgments as to the manner in which the execution is carried should be as painless as possible.”

It had held issuance of death warrants by the sessions judge within six days of the apex court upholding the death sentence of Shabnam and Salim was “unwarranted”.

Memon and 11 others were slapped with the death penalty by the special TADA court in July 2007 for 1993 Mumbai serial bomb blasts in which 257 people were killed and 712 were injured.

The apex court by its March 21, 2013 verdict uphold his death sentence while commuting the death sentence of ten others (one having died subsequently) to life imprisonment.

The apex court on April 9 had dismissed 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.

 

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SC Warned Amrapali Directors, says “Would Be Rendered Homeless If Tried To Play Smart”

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

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The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons
The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons

The Supreme Court on Wednesday asked the Directors of the Amrapali Group to file details of all their movable and immovable assets along with valuation, and warned them that they would be rendered homeless if they tried “to play smart.”

A bench of Justice Arun Mishra and Justice U.U. Lalit clarified that all the properties of the directors would be sold if the company failed to raise Rs 5,112 crore required to complete its unfinished housing projects.

The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore.

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

"Don't burden the home-buyers. Don't try to be smart. Tell your Directors also," the bench told the counsel. Wikimedia Commons
“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel. Wikimedia Commons

When the company’s counsel Gaurav Bhatia told the court that home-buyers will also pay to help it raise Rs 5,112 crore, the court said: “The home-buyers will not pay a penny.”

“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel.

“Tell us how you intend to arrange the money? Otherwise, you will be rendered homeless,” the bench said.

The court told the Directors that as they had made buyers wait for their homes, they will also search for their homes if they don’t submit the plan to arrange for money for the unfinished projects.

“Days are not away when you (Directors) will compel us to do this. If necessary, we will take every strip (of land) if you compel us. Next time, come (to the court) with the proposal,” the top court observed.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons
The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons

When the court was told that electricity supply at two projects of Amrapali — Zodiac and Silicon Valley — has been disconnected, it ordered the power companies concerned to restore electricity by Wednesday itself.

The court posted the matter for August 14.

On August 1, the court slammed the Amrapali Group for playing “fraud and dirty games” with it and ordered freezing of bank accounts of all the Directors of its 40 firms, besides attaching their personal properties.

Public sector undertaking National Building Construction Corporation was also directed to take over all 16 unfinished projects of the Amrapali Group.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers.

Also Read: Supreme Court seeks Centre’s response on plea challenging polygamy, nikah halala

The apex court has been hearing a batch of pleas filed by home-buyers who have sought quashing of the National Company Law Tribunal order to admit insolvency proceedings against the Amrapali Group.

The buyers belong to low and middle income groups and must be granted equal protection as other stakeholders, the financial and operational creditors, the home buyers’ plea said. (IANS)