India Abroad August 7, 2015 A29 INDIA SPECIAL/THE HANGING
If there is one thing that the Yakub Memon case revealed, it is how investigating authorities deliberately withheld vital information of his conditional surrender and likely promise of a
reduced sentence and special treatment.
His defence lawyer failed to place this with the
correct evidence before the Terrorist & Disruptive
Activities (Prevention) Act Court trying the case.
Advocate Niteen Pradhan, a senior Bombay high
court lawyer, was appointed by the judge as amicus
curiae (friend of the court) for the 1993 bomb blasts
Many accused requested that he represent them
and were given permission by the court to become
their lawyer. Yakub Memon and his family did not
Pradhan details the lacunae in the case, placing
the blame on many factors, mainly the “gross failure
(of his defence lawyer) to not examine Yakub on oath
in his own defence and place forth his case of condi-
tional surrender and other factors.”
There have been media reports of how the intelli-
gence agencies and prosecutors withheld informa-
tion that could have changed the case for Yakub
Trial court Judge P D Kode, who is now retired,
has justified the death sentence he pronounced on
Yakub Memon based on the evidence placed before
“The judge is right in saying there was nothing on
record that proved induced surrender,” Pradhan
said, adding, “and the prosecution cannot be blamed
for this blunder by his (Yakub Memon’s) lawyer.”
Some lawyers feel the defence lawyer displayed a
lack of knowledge on TADA law. Section 3(3), which
elaborates the punishment for a conspirator, under
which Yakub Memon was tried, specifically states:
‘Whoever conspires or attempts to commit, or advo-
cates, abets, advises or incites or knowingly facili-
tates the commission of a terrorist act or any act
preparatory to a terrorist act, shall be punishable
with imprisonment for a term which shall not be less
than five years but which may extend to imprison-
ment for life and shall also be liable for fines.’
Yakub Memon’s lawyers, Pradhan says, failed to
prove that the death sentence is not applicable to a
conspirator in every court that they challenged
Judge Kode’s order. Provisions of the Indian Penal
Code are not applicable in this case, as was seen in
the Rajiv Gandhi assassination case.
Lawyers believe that with Yakub Memon being
named a conspirator, he had enough room to escape
execution had his case been handled better by his
Majeed Memon, one of Yakub Memon’s defence
lawyers, told India Abroad, “Yakub changed his
lawyers.” When asked if he had presented the facts
that the late Research and Analysis Wing officer B
Raman wrote about in his Rediff.com column, Majid
Memon said, “He ( Yakub Memon) had 10 lawyers.
You need to ask them all.”
Who bungled yakub Memon’s case?
Pakistani terrorist Ajmal
Kasab, November 21, 2012,
hanged Yakub Memon.
The hangman had arrived at
the Nagpur Central Prison a
week ago as part of a 20-member
team of prison personnel from
the Pune jail.
Yerwada Jail Superintendent
Yogesh Desai, who led the team
during Kasab’s hanging in Pune,
was transferred to the Nagpur
Central Prison a few months ago,
apparently to oversee Yakub
Nagpur and Yerwada are the two
central prisons in Maharashtra equipped with the hanging
facility. The previous execution at Nagpur jail was carried out
in 1984, when two brothers from Amravati were hanged for
Suleiman Memon and Usman Memon received the body,
took it to Nagpur airport and flew to Mumbai.
Suleiman Memon had moved an application July 29
evening, requesting that the body be handed over to the family. While Ajmal Kasab was buried on the premises of Yerwada
prison, Parliament attack convict Afzal Guru’s body was not
handed over to his family.
Yakub Memon was buried at the Bada Kabristan graveyard
in south Mumbai’s Marine Lines area July 30 evening amid
tight security with close relatives and a large crowd turning
The coffin was taken to the graveyard from the Memon family home at Mahim, north-central Mumbai, where the body
was kept for about two hours for the last rites and prayers by
the family and others.
The Mumbai police had banned the body being taken in a
procession. Over 30,000 police personnel, under the supervision of city Police Commissioner Rakesh Maria – who incidentally cracked the 1993 blasts case when he chanced upon evidence at the Memon family home a couple of days after the
blasts – were deployed both at Mahim and the graveyard.
A 15,000-strong crowd had gathered by the time the body
arrived at the graveyard at 4.15 pm.
The burial was over within an hour.
Death at Dawn
rapid action Force personnel patrolling the streets.
Suleiman Memon, yakub Memon’s brother (in glasses), with the hearse.
hI TeSh harISInGhanI/reDIFF. CoM
hI TeSh harISInGhanI/reDIFF. CoM