Yakub’s petition should have been heard by Constitution Bench: Prof. Upendra Baxi
9 years, 7 months ago

Yakub’s petition should have been heard by Constitution Bench: Prof. Upendra Baxi

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A lot has been spoken about the execution of Yakub Abdul Razzak Memon, in the morning of July 30, 2015. The most recent to join the debate is Prof. Upendra Baxi.Hailing the fact that the Court sat in the early hours to hear the petition, Prof. Upendra Baxi wrote in an Article published by India Today, “The pre-dawn hearing was heroic and demosprudential ; it amplified the message that the doors of the court are never closed to a death sentence convict, even in terror cases, and that it is prepared to assemble even past midnight to do justice. It also coveys there are lawyers who will continue to combat the law in order to attain justice.” While observing that justice according to law may not meet the criteria of justice in courts of public opinion, he opined that"In my opinion this matter should have at least been decided by a five-judge Constitution Bench since nothing less than a discipline on the discretion of the CJI to constitute review and curative petitions was at stake. He observed that even when considered as “mighty contributions to justice according to law”, the Memon decisions are still open to questioning. At around 5 am on July 30, the Apex Court rejected Memon’s mercy plea, observing that a stay on the death warrant could be a travesty of justice since ample opportunity was provided to Memon, after the rejection of the first mercy petition.

History of this topic

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