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STAY CALM , SUBMIT TO DESTINY , YAKUB TOLD HIS FAMILY.

After hearing news of his hanging, Memon was composed, he spent 40 minutes with family members trying to console them, say Nagpur jail authorities

YAKUB Memon on Wednesday stoically resigned to fate soon after learning that the Supreme Court bench had upheld his death warrant. Later, he

spent 40 minutes consoling his family at Nagpur's central prison, asking them to submit to 'naseeb '. The 1993 blasts convict, who will be hanged at 6 am on Thursday, was shifted in the small hours to the 'condemned cell', where he was out of sight

Continued from page 1 of other prisoners and supposed to mentally prepare himself for his final moments. At 4 am, a magistrate was scheduled to visit and ask him if he admitted to his guilt. According to sources in the Nagpur jail, the apex court's decision was conveyed to Yakub shortly after his lunch. But he didn't appear perturbed or agitated throughout the afternoon, they said. "Yakub did not lose composure, perhaps giving in to destiny. It seemed he was prepared for the worst. He patiently heard about the verdict and then retired to his cell," the sources added. When jail authorities offered to allow his family to meet him for 'mulaqat' on Wednesday evening, Yakub agreed. In the evening, Yakub's wife, daughter and brother met him for the last time in a special room inside the jail. The last meeting between Yakub and family was understandably an emotional affair. While the family members could not control their emotions, Yakub -- who appeared somewhat shaken then -- tried to maintain his composure and consoled them. "They were left inside the room, but under watch," the sources said. Yakub was later subjected to a medical test and found mentally and physically fit, police sources said. After this, a Bomb Detection & Disposal Squad was sent to sanitise the place. Speaking about Yakub's last two weeks in the jail, sources said he didn't share anything with other prison mates but was confident of a favourable outcome, especially after his family told him that eminent lawyers, judges, politicians and journalists were supportive of his curative petition. Yakub almost stopped eating in the past few days and, as a result, was put on drip. However, this could not be independently verified by MAIL TODAY. Sources also said that five Maoists lodged at the Nagpur Central Jail were on fast in support of Yakub's mercy petition. "He was well behaved. He didn't discuss anything with anyone in the jail. But in the past few weeks, he started getting desperate to meet family members for updates regarding his curative petition. There were many such meetings in the past week and after each meeting, he looked more disturbed. But before the next meeting, he again looked charged," sources in Nagpur jail said. Meanwhile, Nagpur Police have invoked Section 144 of CrPC (prohibiting the congregation of more than five persons) within 500 metres periphery of the jail, where Yakub will be hanged at 6 am on Thursday. Even the media paraphernalia will not be allowed into the restricted area till the hanging is over, Nagpur police sources said. Nobody is sure as to what steps the government would take to perform the last rites of Yakub, with the authorities also making arrangements on the Nagpur jail premises to give him a burial as per Islamic rites. The district authorities said they have not yet received any request from family members to accept Yakub's last remains, but any such proposal would be considered, if and when received. "If there is any request from the family, then his body would be handed over to them...or the jail superintendent would decide on performing his last rites as per the laid down procedures," a home ministry official said.

In last two weeks, he had become confident of favourable ruling

THE ARGUMENTS, THE REBUTTAL AND THE CONCLUSION

PROCEDURAL ERROR LAWYER ( RAJU RAMACHANDRAN): There is a procedural error in the listing of the dismissed curative petition which was pointed out by Justice Kurian Joseph as judges who heard the review plea were not part of the bench which heard the curative petition.

( MUKUL ROHATGI): The rule that curative petition should be circulated among all judges who heard review is not binding... Three seniormost judges of the SC had heard it and it is enough. The CJI is the master of the roster deciding who will hear which case).

SC: AG's opinion deserves acceptance.

The curative petition decided by three seniormost judges cannot be termed void and unacceptable.

TIMING OFWARRANT LAWYER: TADA court issued death warrant on April 30 when the curative petition was pending and the convict should have been allowed to exhaust all legal options like curative petition.

AG: It is a false statement.

Curative petition was not pending and was filed much later on May 22. The convict had exhausted all legal options.

SC: Yakub had availed himself of all his legal remedies even after the warrant was issued. He went on to file his curative petition on May 12, 2015, which got dismissed on July 21, 2015.

HEARING BEFORE WARRANT LAWYER: Yakub was not given a hearing on the day the death warrant was issued as is mandated by a Supreme Court ruling and he lost a crucial chance to tell the court that he planned to file a curative petition.

AG: The SC ruling came after the warrant was issued and it had no retrospective effect. Even if he was called, he only could say that he was going to file a curative petition and that statement has no validity.

SC: The rule could not be made applicable prospectively.

LATE COMMUNICATION LAWYER: The warrant was issued on April 30, 2015 and he had actually got 90 days to prepare, but the Maharashtra government communicated it to Yakub only on July 13, thus giving him only 17 days to prepare himself legally.

AG: Law says only 14 days need to be given.

What 90 days is the convict talking about? He had got ample time to take legal recourse.

Why did he wait one- and- a half years before filing a curative petition? SC: Issuance of death warrant is in order.

We do not find any kind of legal fallacy.

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Publication:Mail Today (New Delhi, India)
Date:Jul 30, 2015
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