Yakub Memon: the execution

On July 30 morning, Mumbai blasts convict Yakub Abdul Rezak Memon was hanged to death at the Nagpur Central jail, a hanging that comes eight years after he was first found guilty of criminal conspiracy and abetment of a terrorist by a TADA court.

In 2013, the Supreme Court upheld the death sentence of Yakub Memon, and called him mastermind of terror strike in Mumbai in 1993.   Fifty-three-year-old Memon is the first convict to be hanged for the Mumbai blasts case in which 275 people lost their lives.

Reports say he was allowed to read the Quran and perform Namaz. Yakub’s hanging on his birthday was preceded by nail-biting drama as the Supreme Court opened its doors to hear a last minute plea filed by Yakub Memon’s lawyer.

Midnight Petition and its proceedings

For the first time, in the history of Indian Judiciary, the nation witnessed the court proceedings during the wee hours. In a spectacular display of the responsiveness of our judicial system, three Supreme Court judges held a hearing at 3am in the morning, in what many believe was an unprecedented move by Indian judiciary.

Around 12:30am, media reports emerged that in a last-ditch effort to save Yakub Memon's life, lawyers and activists including Anand Grover, Prashant Bhushan, Indira Jaisingh, Yug Choudhary, Nitya Ramakrishnan and Vrinda Grover had convinced the Chief Justice of India to convene a special hearing in the middle of the night to hear a plea on behalf on Memon.

The same three SC judges who heard the curative petition on July 29, Justices Dipak Misra, PC Pant and Amitava Roy, heard the fresh plea as well. The hearing was held at court no. 4. Attorney General Mukul Rohtagi was also present at the hearing.

The petitioning lawyers sought a stay stating that the earlier mercy petitions were filed by Yakub's brother, not Yakub himself. Since the curative petitions filed by Yakub Memon were heard only on July 29, the court has to give the convict the mandated 14 day notice before his execution from the date of rejection of his plea and thus the execution cannot be carried out on July 30, said the lawyers.

The Attorney General Mukul Rohtagi, appearing for the government, argued that the judiciary had already upheld the death warrant which was issued in April. AG also dismissed the argument that the petition filed by brother should be treated as different from one filed by the convict later. More importantly, he said that a 14 day notice cannot be given to the convict every time a petition is filed and dismissed.

The petitioners said in their rebuttal that "terrorists too have fundamental rights" and that the government was desperate to execute Yakub on July 30.

The court observed that the death warrant was issued to the convict on July 13 and he had enough time to come to terms with it. Thus the court ruled that Yakub's final plea cannot be accepted and that an extension would be a travesty of justice. Justice Dipak Misra also noted that ample opportunity was given to the convict to present his case. The hearing went on till about 5am when the orders were finally pronounced. About two hours later, Yakub Memon was executed.

Who was Yakub Memon?

A chartered accountant by profession, Yakub Memon is the brother of one of the main accused in the case, Ibrahim Mushtaq alias Tiger Memon. Tiger Memon according to Indian agencies was a close associate of Dawood Ibrahim, who was the mastermind behind thirteen blasts that ripped through Mumbai in March 1993.  

They were six brothers- Tiger, Ayub, Yakub, Suleiman, Yusuf and Essa. The entire family was taken to Pakistan by Tiger Memon just two days before the blast. Tiger, Ayub and their wives are still absconding. The other four brothers, wives and parents returned to India in August 1994.

How is he related to Mumbai Serial blasts?

Many allegations against Yakub were proven in a court of law leading to his conviction by judge P D Kode of the TADA court in Mumbai on July 27, 2007.   Yakub Memon was proven to be a conspirator as he had gone to Dubai between December 1992 and January 1993 along with others to take part in a meeting called by Tiger Memon, Dawood Ibrahim and his brother Anees Ibrahim, to discuss plans on how to execute the serial blasts. It was alleged that Memon had arranged Rs 21.90 lakh for the execution of the plan.

He was also convicted under the Explosives Substances Act for asking co-accused, Amjadali Meherbux and Altafali Sayyed, to store suitcases containing arms, ammunition, hand grenades and detonators.

Facts on Mumbai 1993 Blasts

-The 1993 Bombay bombings was the name given to 13 serial explosions that took place in Mumbai on Friday, March 12, 1993.

-The first bomb went off at 1:30 pm in the basement of the Bombay Stock Exchange building. From 1:30 pm to 3:40 pm a total of 13 bombs exploded throughout Mumbai including at Fisherman`s Colony in Mahim, Plaza Cinema, Zaveri Bazaar, Katha Bazaar, Hotel Sea Rock, Hotel Juhu Centaur, Air India building, Sahar Airpot, Worli, and Passport office, besides BSE.

-Most bombs were planted in cars or scooters. In the hotels, suitcase bombs were left in the rooms.

-The 1993 bombings left at least 250 dead and over 700 injured, making these one of the bloodiest terror attacks.

-The operation is believed to have been the brain child of Pakistan’s intelligence agency ISI, however Dawood Ibrahim along with his underworld associates including Tiger Memon, Ayub Memon and Yakub Memon were behind the planning and their operational execution.

-The bombings are said to have been financed by smugglers Hajji Ahmed, Hajji Umar, Taufiq Jaliawala, Aslam Bhatti and Dawood Jatt.

-Most ground level operators came from economically weak backgrounds and were emotionally persuaded to join operations allegedly as revenge for Babri mosque demolition.

-Recruitment of senior operatives is believed to have been done in Pakistan and Dubai. The chosen men are said to have received training in handling arms and making explosives in Pakistan.

-Laxity or deliberate connivance on the part of Police, Customs and Coastal Guards has partly been blamed by the Supreme Court.

-Sanjay Dutt has been convicted in the case for possession of illegal weapons and destruction of evidence under the Arms Act. He has, however, been given a clean chit as far as his involvement in planning or executing the Mumbai blasts of 1993 is concerned.

-Sharad Pawar was the chief minister of Maharashtra in 1993 and had admitted to deliberately making false statements and misleading people on information so as to avoid outbreak of communal clashes.

-100 people had been convicted in the case, of which the kingpins Dawood Ibrahim, Tiger Memon and Ayub Memon are absconding.

-The blasts created a cleavage in the underworld gang of Mumbai dividing it on communal lines. Immediately after the blasts, the Hindu members of D-company like Chhota Rajan and Sadhu Shetty left Dawood’s gang.
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Author: Pragit Elayath, a freelance journalist based in South India