Abstract of the Case
This case analysis is about hanging of one of the accused in 1993 in Mumbai serial blasts. It mainly focuses on the basic concept of Criminal Conspiracy mentioned under Section 120-A and Punishment of Criminal Conspiracy mentioned under Section 120-B. It also states the aiding and abetting of the terrorist acts, illegal possession of explosives and transport of arms, weapons and ammunition with the aim of endangering life. This case became the lone death convict of 1993 Bombay Serial Blast case.

Here is the analysis of the Yakob Memon's case clarifying justice and injustice.

Citation Codes: 2013 SCC 13 1 ; 2013 SCC ONLINE SC 257
(Before P. Sathasivam, Dr. B.S. Chauhan, JJ.)
Yakub Abdul Razak Memon …………Appellant(s); Versus State of Maharashtra thr., CBI, Bombay …………Respondent(s)
In the Supreme Court of India
Criminal Appellate Jurisdiction
Criminal Appeal No. 1728 of 2007
Advocates appeared in the case:
Senior Advocate- Raju Ramachandran represented the appellant.
Jaspal Singh for the appellant and Mr. Gopal Subramanium, learned senior counsel duly assisted by Mr. Mukul Gupta, learned senior counsel.
Mr. Satyakam, learned counsel for the respondent- CBI.
T R Andhyarujina represented the Centre Death Penalty.

Acts Referred:

• Indian Penal Code, 1860
• Code of Criminal Procedure, 1973
• The Constitution of India
• Terrorist and Disruptive Activities (Prevention) Act, 1987 or TADA
• Indian Evidence Act, 1872
• Arms Act, 1959
• Explosives Act, 1884
• Explosives Substances Act, 1908
• Prevention of Damage to Public Property Act, 1984

History about Yakob Menon
Yakob Abdul Razak Menon, born in Bombay, was an Indian Terrorist, the famous convicts in March 1993 serial blasts case in Mumbai. He was enrolled in the Institute of Chartered Accountants of India and became a Chartered Accountant and names as the best CA Award in the year 1990. After one year, he formed "Mehta & Memon Associates" with his childhood friend– Chetan Mehta but they later parted away and he opened "AR & Sons." He has also been awarded by the Memon's Community as the best CA in Mumbai. He expanded his business into exports and set up a company exporting meat products to gulf countries and the Middle East named as "Tejrath International."

Facts of the Case:

• On 06.12.1992, the Babri Masjid at Ayodhya was demolished and thus, created violence throughout the country.
• With the intention to take the revenge of demolition, the resident of Dubai- Tiger Memon (AA) and Dawood Ibrahim, formulated a Conspiracy to commit a terrorist act in Bombay.
• In order to do something, Dawood Ibrahim agreed to send the arms and ammunitions from abroad through sea-coasts of Bombay. He sent some of his accused person to Dubai and from there to Pakistan for training and to handle the arms and ammunitions.
• On 12.03.1993, the commercial hub of the country- Bombay, witnessed a massive bombing at 12 places by the terrorists, and 250 human lives were lost, 713 persons were seriously injured and properties worth about Rs.27 crores were destroyed. This attack was the first attack in the world where Research Department Explosive (RDX) was used on a very large scale basis after the World War II.
• The 12 places in Bombay which were planned to attack were- Bombay Stock Exchange, Katha Bazaar, Sena Bhavan, Century Bazaar, Mahim Causeway, Air India Building, Zaveri Bazaar, Hotel Sea Rock, Plaza Theatre, Juhu Centaur Hotel, Air Port Bay- 54 and Air Port Centaur Hotel.
• Thereafter, 27 criminal cases were registered at various Police Stations in Bombay City, Thane District and Raigarh District.
• On 04.11.1993, on completion of investigation, a single charge sheet was filed against 189 accused persons including 44 absconding accused persons.
• The appellant was convicted and sentenced to death for involvement in the terrorist attack.
• He ran away 2 days prior to the blasts.
• He was then arrested on 05.08.1994 by the Indian Central Investigative Bureau at New Delhi Railway Station.
• He was arrested with a briefcase containing his conversation tape at Karachi.
• According to him, on 28.07.1994, he surrendered himself to the Police at Kathmandu in Nepal.

Charges:

• Criminal Conspiracy under Section 120-A and 120-B of IPC, 1860.
• Financing the escape of the Memon family from the blasts.
• Aiding, abetting and advising, inciting the terrorist acts under Section 3(3) of TADA Act, 1987.
• Funded and sent 15 youths to Pakistan for learning and handling the arms and ammunitions under Section 5 & 6 of TADA Act, 1987.
• Illegal possession and transport of weapons with the intention of endangering lives under Section 5 & 6 of TADA Act, 1987.

Issues Raised in the Case:

• Whether the judgement is impugned judgement?
• Can a Special Judge reply on retracted confessions during the delivery of judgement?
• Can the prosecution rely on statement of an approver?
• Whether the Article 21 is violated?
• Can a death warrant be executed while Mercy Petition to the Governor of Maharashtra is pending?
• Did he get 14 days of duration to assail the rejection of the mercy petition?

Arguments by Appellant:

• The impugned judgement is not a "Judgement" according to Section 353, 354, 362, 363 of the Code, conviction and sentence was not provided to the appellant.
• The prosecution mainly relied on statements of other accused and evidences which turned approver and there is no provision for pardoning.
• The seizure panchnamas were not in accordance with the procedure of Section 27 of the Evidence Act.
• Confessional statements are exculpatory.
• The appellant had no idea of the Conspiracy of bomb blast. Even, the confessional statements cannot be used since the same were recorded before amendment of Section 3(5) of TADA.

Arguments by Respondent:

• CBI was the respondent, he countered and presented the evidences of:
  • Confessional statements of co-accused
  • Testimonies of witnesses
  • Documentary evidence:
    • The accused's brother- Tiger Memon was in charge of entire financial management, sending persons from Pakistan to Dubai for train arms and ammunitions, securing air tickets, etc.
    • There was no any defect in the procedure adopted by the Special Court to deliver the judgement and there is no merit in the appeal filed by the appellant and prayed for the confirmation of death sentence to accused.

Judgement
Trial Court's Decision
The trial of this case was conducted by Justice P.D. Kode under TADA court and found him guilty on 27.07.2007 for committing Criminal Conspiracy carrying out the terrorist activities and murder, aiding and abetting terrorist attack.

He was also held liable for illegal possession and transportation of various arms and explosives with an intention to endanger lives of citizens.

For all the offences, he was punished with rigorous imprisonment for 14 years and 10 years and then a death sentence.

Offence Committed:

• Criminal Conspiracy to carry out the death sentence – Death Sentence
• Abetment in terrorist attacks – Life Imprisonment
• Illegal possession of arms and ammunitions – Rigorous Imprisonment

Appeals and Petitions before Supreme Court:

• In compliance with Section 19 of TADA Act, Memon lodged an appeal before the Supreme Court of India and the State of Maharashtra filed a request for clarification of his death sentence.
• On 21.03.2013, the conviction of Memon and the death penalty for treason were confirmed by the SC via the funding of attacks.
• Memon was not only limited to the meeting of minds between master minds and the other defendants but also was instructed to handle the explosive bags and preserving them safely.

Appealed for Revision of Death Sentence:

• Memon filed a review petition seeking review of SC decision which confirmed his death sentence.
• But, on 30.07.2013, Justice P. Sathasivam rejected his application for oral hearings and dismissed the review petition for the trial.
• Memon's brother- Suleman, on 06.08.2013, lodged Mercy Petition before the President of India- Pranab Mukherjee. However, on 11.04.2014, the President denied the petition.
• Later, on 01.06.2014, Justice J. Khehar and C. Nagappan imposed a stay on execution of Memon as he was not allowed to have oral proceedings in an open court which were held in the chambers.
• On 24.03.2015, the open court hearing of Memon's review appeal concluded and then Memon was represented by the senior counsel- Jaspal Singh. The SC rejected the investigation petition on 09.04.2015.
• On 30.04.2015, Maharashtra government released the death warrant and a capital punishment which specified 30.07.2015 as the date of execution of Memon.
• On 22.05.2015, Memon filed a curative appeal before the SC, but it was rejected on 21.07.2015.
• Concurrent with this, Memon filed a Mercy Petition to Maharashtra's Governor and filed a Writ Petition before the SC with a request for a hold on his execution until the appeal for mercy had been determined. He further argued that the death warrant was unconstitutional as it was given before he had exhausted any of his legal recourse.
• On 28.07.2015, he filed a fresh writ petition before the SC challenging the order passed in the curative petition, alleging that the quorum required was not present based on the interpretation of Rules of the SC.
• After the hearing, the 2 Judges disagreed on the matter of urgency.
• The SC denied the petition on 29th July.
• Memon's lawyers filed a plea with SC's CJ for a 14-day stay on execution, citing the need for a period between a President-rejected mercy plea and execution.
• At 2.30 IST, a divisional bench convened to hear the claims. The bench upheld the execution, ignoring the claims of Memon's lawyers.
• On 30.07.2015, Memon was executed by hanging at Nagpur Central Jail.

My Conclusion
If the accused, Yakob Memon had given 14 days to challenge the refusal of mercy petition, which was his Fundamental Right, there was no problem. It cannot be sacrificed by the Session Tribunal on the altar by sticking to the set date or as his brother had denied the previous petition. But according to me, the SC's decision has led to serious judicial error.

In addition to this, Tiger and Ayub Memon, being one of the roots of Bombing Conspiracy, are still residing in Pakistan as ISI protectors deserve to get hanged or death sentence. Yakob Memon was not only reproachable, but he definitely was the one to get maximum punishment.

"Under Section 21 of the TADA, unless contrary is proved, any person who is found aiding or abetting financially any person involved in the terrorist attacks and have in possession of arms then the person is presumed to be guilty." As per the language of this provision, Yakob Abdul Razak Memon can be held guilty prima facie because he was found in Karachi with his conversation tape and funded the terrorist attacks which were presented as evidence against him. There is no scope of finding any injustice in this Bombay bomb blast conspiracy case.

Besides this, the argument that Yakob Memon was not allowed for open hearing which served him injustice can also be satisfied by the provisions of TADA i.e. "The trial can be held secretly at any place and also keeps the identity of the witnesses secret violating international standards of fair trial."

Though Yakob Memon has been hanged with the subsequent punishments awarded to him are original as they comply with the TADA, the issues will resonate for a long duration in everybody's consciousness.

Cases Referred in the Judgement:

• Ramdeo Chauhan vs. State of Assam (2000) 7 SCC 455
• Madhav Shankar Sonawane vs. State of Maharashtra 1982(1)BOMCR702
• Maru Ram vs. UOI 1980 AIR 2147
• State of Tamil Nadu vs. Nalini AIR 1999 DC 2640
• People's Union for Democratic Rights vs. UOI PIL No. 57810 of 2014
• Shatrughan Chauhan vs. UOI (2014) 3 SCC 1

References of the Analysis:
Websites:

• https://blog.ipleaders.in/case-analysis-yakub-abdul-razak-memon-state-maharashtra/#Trial_conducted
• https://www.lawyersclubindia.com/judiciary/yakub-abdul-razak-memon-vs-the-state-of-maharashtra-through-cbi-bombay-death-sentence-was-commuted-to-life-imprisonment-by-the-court-5165.asp
• SCC Online Judgement
• CaseMine Online

Books:

• Name: The Indian Penal Code
  Author: Ratanlal & Dhirajlal
  Edition: 36th
  Publication: Lexis Nexis
• Name: Constitutional Law of India
  Author: Dr. J.N. Pandey
  Edition: 60th
  Publication: Central Law Agency

Bare Acts:

• IPC
• TADA
• The Constitution of India