YAKUB ABDUL RAZAK MEMON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 32 of the Constitution of India, the petitioner, who has been sentenced to death, has prayed for issue of a mandamus or appropriate writ or direction for setting aside the order dated 30th April, 2015, passed by the Presiding Officer, Designated Court under TADA (P) Act, 1987, for Bombay Blast Cases and the order bearing No.S-0113/C.R.652/13/PRS-3 dated 13th July, 2015, passed by the Government of Maharashtra, Home Department and the communication bearing O.W. No.ASJ/DEATH SENTENCE/222/2015 dated 13th July, 2015, issued by the Superintendent, Nagpur Central Prison, Nagpur, in terms whereof the death sentence awarded to the petitioner has been directed to be executed on 30th July, 2015, at 7.00 a.m.; issue a writ of prohibition prohibiting the respondents and each one of them along with their subordinates/agents/assigns from taking steps in pursuance of the orders dated 30th April, 2015 and 13th July, 2015, and, further to stay the execution of the death sentence awarded to him in terms of the judgment dated 25th October, 2007 of the Designated TADA Court, Bombay in BBC No.1/1993, which has been confirmed by this Court vide judgment dated 21st March, 2013 in Criminal Appeal No.1728 of 2007, till the petitioner has exhausted all the legal remedies available to him, to have the sentence of death awarded commuted to that of life imprisonment including the remedies under Articles 72 and 161 of the Constitution of India.

(2.) Before we advert to the factual assertions made in the writ petition by the petitioner and the stand and stance put forth by the respondents, we are obliged to refer to certain developments that took place in the judicial proceedings before this Court. In course of hearing of the writ petition, the matter was listed before a two-Judge Bench. It was heard for some days. After hearing, Anil R. Dave, J. passed the following order:

(3.) Kurian Joseph, J., disagreed with Anil R. Dave, J.