A 3-Bench Judge led by Justice Dipak Misra (with Prafulla C Pant and Amitava Roy)held that there was no "legal fallacy" in the issuance of the warrant by a TADA court in Mumbai on April 30 and it cannot be "faulted" in any manner.
In a detailed order, the SCI held that Yakub Memon 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.
The SCI pointed out that the warrant was served on Yakub Memon on July 13, 2015, giving him “sufficient time” under the law.The SCI said it is not concerned with any mercy petitions before the Governor or the President, saying that such processes undertaken by the convict was in the executive realm and not the judicial, thus indicating that all legal remedies are now closed before Yakub Memon
The SCI accepted Attorney-General's stand that a curative petition decided by the three senior most judges of the Court “cannot be regarded as void, nullity or an impropriety”
Earlier on Wednesday July 29,2015, Yakub Memon filed a fresh mercy plea with the President of India Pranab Mukerjee
As per norms, President Pranab Mukherjee will forward the mercy plea to Union Home Ministry for examination.
The President is bound by the advice of the Council of Ministers, in this case the Home Ministry.