The question of life and death and the validity of judicial proceedings divided two judges of the Supreme Court on Tuesday and they left it to the Chief Justice of India to set up a larger bench to decide whether 1993 Mumbai serial blasts convict Yakub Memon’s execution requires a re-look.
The stark difference of opinion became evident when Justices Anil R Dave and Kurian Joseph did not have an agreement even on staying Yakub’s execution by a day, scheduled for Thursday.
In his order, Justice Joseph said he was staying Yakub’s execution till further orders, but when he asked Justice Dave if a “common order” could be passed, the latter flatly refused to stay the death warrant. Since no common order formally staying the death warrant was passed.
Yakub’s counsel rushed to CJI H L Dattu, who said the case will be listed for hearing on Wednesday before a three-judge bench. There was high drama in court hall three of the Supreme Court as Justices Dave and Joseph differed with each other, virtually on every aspect of the matter and passed dissenting orders, necessitating a larger bench
ref:indianexpress
