YAKUB MEMON CASE: JUSTICE OR INJUSTICE

By Anonymous


Introduction

Yakub Memon was executed in Nagpur Central Jail on 30th July 2015 and became the lone death convict of 1993 Mumbai Serial Blast case. On his execution there has been a lot of hue and cry, for some it’s a relief from that eternal pain of the loss of their loved ones but to some groups, it’s still injustice. Here is an analysis of the Yakub Memon’s case clarifying justice or injustice.

Who was Yakub Memon?

Yakub Abdul Razak Memon was an Indian Terrorist born in Mumbai. He was the first child from Memon family who went to an English medium school and received B.Com degree. He further enrolled himself in Institute of Chartered Accountants of India and became a Chartered Accountant in 1990. After a year he set up “Mehta & Memon Associates” with his childhood friend Chetan Mehta but then later parted away and he opened “AR & Sons”. He has also been honored as the best CA in Mumbai by Memon’s Community. He expanded his business into exports and set up a company “Tejrath International” exporting meat products to gulf countries and the Middle East. Yakub has been earning quite well through his business and financed the Mumbai bomb blasts, with the help of co-accused Mulchand Shah and his firms, by arranging air tickets for 6 other accused to fly to Dubai and then to Pakistan.

Charges against Yakub Memon:

Yakub Memon was booked for the following charges:

  1. Criminal Conspiracy- He funded the escape of Memon’s family after the blasts.
  2. Aiding and abetting and felicitating a terrorist act- He funded and sent 15 youth to Pakistan for learning the handling of arms and ammunition.
  3. Illegal possession and transportation of arms and ammunition
  4. Possessing explosives with intent to endanger lives

Arrest:

Memon ran away 2 days prior to the Mumbai Blasts but however was arrested at New Delhi Railway Station on 5th August 1994 but according to him, he surrendered himself to the police at Kathmandu in Nepal on 28th July 1994. He was arrested with a briefcase containing his conversation at Karachi.

Trial:

The trial was conducted by Justice P.D. Kode under Terrorist and Disruptive Activities (Prevention) Act (TADA) court and found him guilty of the following offenses on 27th July 2007.

Yakub Memon was held guilty for Criminal conspiracy to carry out terrorist activities and murder, aiding and abetting terrorist attacks. He was also held liable for illegal possession and transportation of arms and ammunition with intent to endanger lives and for all these offenses he has been punished with rigorous imprisonment for 14 years and 10 years and then with a death sentence.

The following table clearly states the offense committed and its subsequent punishment.

Offense Committed – Punishment

  • Criminal conspiracy in carrying out terrorist actsDeath Sentence
  • Abetment in terrorist attacks Life imprisonment
  • Illegal possession of arms and explosives – Rigorous imprisonment

Memon appealed for the revision of his death sentence but the Supreme Court confirmed his death sentence as he was convicted of the criminal conspiracy in terrorist attacks. He was not only involved with the master minds of the attacks but also was entrusted with the safe keeping of the explosive bags and disguises them.

Memon also filed a review petition seeking review of Supreme Court decision confirming his death sentence but on 30th July 2013 Justice P.Sathasivam rejected his application for oral hearings and dismissed the review petition.

Later on 1st June 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. His proceedings were held in the chambers and not in an open court.

Maharashtra Government issued capital punishment setting 30 July 2015 as the date for Memon’s execution. Memon then filed a curative petition before the Supreme Court on 22nd May 2015 which was further denied on 21st July 2015.

Memon also filed a mercy petition before the Governor of Maharashtra for a stay on his execution as he was yet not over with all legal avenues but denying the same, Yakub Memon was executed in Nagpur Central Jail on 30th July 2015.

Justifying the Justice:

The case history of Memon clearly depicts him as a treacherous criminal who has been actively involved in all the terrorist activities related to the Mumbai Serial Blasts. He has funded and sent fifteen youth to Pakistan for learning the use of arms and ammunitions and participated actively in all the illegal activities. He has abetted his brother Tiger Memon in escaping from India after the Mumbai Serial blasts as he booked their air tickets to Dubai and then to Pakistan. He has also been in contacts with Dawood Ibrahim. He is convicted of disguising and keeping safe the explosives bags provided to him for the Mumbai Serial Bombs. He was caught with the Karachi conversation tape at New Delhi Railway Station.

“Under section 21 of the Act, 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.”  According to the language of this provision Yakub Memon can be considered guilty prima facie as he was found with his conversation tape at Karachi and also funded the terrorist attacks which are clear evidents against him.

Besides this, the contention that Yakub was not allowed to get an open hearing which served him injustice can also be satisfied by the provision of above-mentioned act 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.”

Hence looking at the intensity of the crimes committed by Yakub Memon, the subsequent punishments awarded to him are genuine as they all comply with the TADA Act. There is no scope of finding any injustice in this case.

Hence the death sentence awarded to Yakub Memon is justified as an example of Justice.

Edited by Saksham Dwivedi

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