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‘If there is a case of a poor person, call him even at midnight’, CJI Surya Kant’s comment and the story of that night in 2015

‘If there is a case of a poor person, call him even at midnight’, CJI Surya Kant’s comment and the story of that night in 2015
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Supreme Court: Chief Justice of India (CJI) Surya Kant had recently clarified the priorities of the Supreme Court during the hearing of a case. While hearing a petition, he had said that providing justice to poor people is his biggest priority. For this, if needed, they can even sit in the court till midnight for them. The CJI had made this comment while rejecting the petition of a person named Tilak Singh Dangi. CJI had said that there is no place for luxury i.e. litigation of the rich in my court. He had said, ‘I am here for the smallest and poorest petitioners sitting in the last row. If needed, I will sit here even till midnight for them. His comment reminded me of a 15 year old case, when the Supreme Court bench was sitting at 3 in the morning. The apex court had to take this step on the petition filed by a senior lawyer like Prashant Bhushan.

This was the first time that the Supreme Court was opened at 3 am on July 30, 2015, after midnight, to hear the last petition to save Yakub Memon from hanging. This petition was related to his role in the 1993 Mumbai bomb blasts. After a hearing that lasted for about 90 minutes, the judges rejected Yakub Memon’s appeal to stop the hanging. After this, he was hanged in Nagpur Central Jail just before 7 am. There was a lot of bustle in Delhi after midnight. Social workers and several lawyers first reached the house of the then CJI HL Dattu, then went to the residence of Supreme Court judge Deepak Mishra on Tughlaq Road and finally reached the Supreme Court building, a few kilometers away.

Chief Justice of India Justice Surya Kant had said during the hearing of a case that he was ready to sit even till midnight for the poor complainants. (File photo/PTI)

In which case was Yakub Memon convicted?
Yakub Memon was convicted for his involvement in the 1993 Mumbai serial bomb blasts. 257 people lost their lives in these blasts. He was the brother of Tiger Memon, who was the main conspirator of these attacks and is still absconding.

What happened to the petition filed a few hours before the hanging?
Yakub Memon fought a legal battle for a long time. His appeals and mercy petitions were rejected several times by the Supreme Court of India and the President. The Supreme Court held an extraordinary hearing at midnight on a last-minute petition to stay the hanging, but that petition was also rejected a few hours before the hanging.

When was Yakub Memon hanged?
Yakub Memon was hanged in Nagpur Central Jail on 30 July 2015. He was declared medically healthy before hanging. The same day was also his 53rd birthday. He was the only person to receive death sentence in the 1993 bomb blasts case.

Where was Yakub Memon buried?
Yakub’s body was handed over to his family amid tight security and was buried near his father’s grave in Mumbai. Later in the year 2022, there was a political controversy regarding the alleged beautification of his grave.

Historic hearing in Court No. 4

A bench of three judges heard this petition in Court No. 4 of the Supreme Court. This was the first time that the Supreme Court was opened for hearing a case at 3 o’clock in the night. In the evening, President Pranab Mukherjee had rejected Yakub Memon’s mercy petition, which he had received earlier the same day. Yakub Memon’s lawyers and supporters, citing an old decision of the Supreme Court, said that hanging cannot be carried out for at least 14 days after the mercy petition is rejected. He also argued that as per Maharashtra jail rules, there should be a gap of seven days between the rejection of the mercy petition and the execution, which was not followed.

every argument rejected

However, the Supreme Court rejected all these arguments and said that Yakub Memon had already been given adequate opportunities to file the petition. A day before this incident, a new petition was filed late at night, after which CJI Dattu directed the same three-judge bench (which had earlier rejected his appeal) to hear the last petition. Yakub Memon was convicted in 2007 for his role in funding the 1993 Mumbai serial bomb blasts. His brother Tiger Memon and underworld don Dawood Ibrahim, the mastermind of the blasts, are still absconding.

Yakub Memon

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Tags: callcaseChief Justice of IndiaCJIcommentKantsmidnightmidnight hearingnightpersonPoorStorySupreme CourtSuryaYakub Memonyakub memon caseyakub memon mumbai serial blastyakub memon supreme courtआधी रात की सुनवाईभारत के प्रधान न्यायाधीशयाकूब मेमनसुप्रीम कोर्ट
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