The Supreme Court on Wednesday reserved order on the plea by 1993 Mumbai serial bomb blast mastermind Yaqub Abdul Razak Memon, seeking a review of his death sentence on the grounds that he was guilty of conspiracy to commit terrorist acts but not actually involved in executing the acts of terror.Memon has sought the recall of March 21, 2013 apex court order upholding his death sentence by a special court.A bench of Justice Anil R. Dave, Justice J.Chelameswar and Justice Kurian Joseph reserved the order as senior counsel Jaspal Singh, in his rejoinder arguments, told the court that there was no word in the trial court judgment that his client was guilty of murder or culpable homicide not amounting to murder, yet had been sentenced to death.
Appearing for Memon, Jaspal Singh told the court that being involved in the conspiracy to commit a terrorist act in Mumbai in 1993 was covered under the provisions of now repealed Terrorist and Disruptive Activities (Prevention) Act that does not entail a death sentence.The court was told that under TADA, a person attracts death sentence only when actually involved in committing the terror strikes resulting in deaths of people. Though Memon's plea for recall of the death sentence verdict had been rejected, it was taken up again as the constitution bench by its September 2, 2014 judgment had said that review pleas in death sentence cases would be heard in the open court by three judges bench.
This judgment had also said it would apply where a review petition has been already dismissed but the death sentence is not executed so far, and in such cases, the petitioners can apply for the reopening of their review petition within one month from the date of this judgment.The apex court June 2, 2014 had suspended execution of Memon's death sentence which was further extended September 26, 2014, after it had issued notice to Maharashtra government on his petition seeking an open court hearing of his plea.