On Tuesday, after an hour-long argument on Yakub's petition seeking stay of execution, the two judges on the bench - Justices AR Dave and Kurian Joseph - returned a split verdict. Justice Dave dismissed Yakub's petition while Justice Joseph stayed the execution, leaving Yakub dangling between hope and despair.
The bench then referred the matter to the Chief Justice of India for a fresh hearing by an umpire bench. Justice Joseph requested Justice Dave that the bench should stay the execution till further orders by the new bench, but Justice Dave said, "I will not be a party to such an order."
Chief Justice H L Dattu had entrusted the matter to a bench of Justices Dipak Misra, P C Pant and Amitava Roy.
Memon, the lone death convict in 1993 Mumbai blasts case, in his plea had claimed he was suffering from schizophrenia since 1996 and has remained behind the bars for nearly 20 years, much more than a person serving life term has to spend in jail. He had sought commutation of death penalty, contending that a convict cannot be awarded life term and the death sentence for the same offence.
The apex court had on June 2, 2014 stayed the execution of Memon and referred his plea to a Constitution bench as to whether review petitions in death penalty cases be heard in an open court or in chambers.
Twelve coordinated blasts had rocked Bombay, as the city was then known, on March 12, 1993, leaving 257 dead and over 700 injured.
(With inputs from agencies)
