Senior lawyer KTS Tulsi on Wednesday said the Supreme Court's decision to dismiss the curative petition of 1993 Mumbai blasts convict Yakub Memon is not at all surprising and is along expected lines.
"This is on expected lines because I myself thought that there is no such practice that only the judges who heard the review petition should only consider the curative petition. Now as far as the Supreme Court is concerned, there is no hurdle in the way of execution," Tulsi told ANI.
"The Governor is bound to reject if that is the advice given by the state government. So, the state government must have recommended the dismissal of the mercy petition by the Governor and the Governor has accordingly complied with that. There is nothing surprising and even the mercy petition, which is pending with the President, will also follow the advice tended to him by the government," he added.
A three-judge bench comprising Justices Dipak Misra, Prafulla C. Pant and Amitava Roy said proper procedure was followed in disposing of Yakub's curative petition.
"The Supreme Court has today rejected curative petition filed by Yakub and dismissed all the contentions raised by him. The court held that due process was followed in issuing him the death warrant," said Special Public Prosecutor Ujjwal Nikam.
Meanwhile, Maharashtra Governor Vidyasagar Rao has also rejected Memon's mercy petition.
Yakub had earlier today reportedly filed a fresh mercy plea with President Pranab Mukherjee, who had rejected it last year.
Chief Justice of India H.L. Dattu had constituted a larger three-judge bench after a two-judge bench of Justices A.R. Dave and Kurian Joseph yesterday gave a split verdict on Memon's plea. While Justice Dave dismissed his plea without staying the death warrant, Justice Kurian differed and favoured a stay.
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