Supreme Court of India · 2015-07-29
Yakub Abdul Razak Memon vs State Of Maharashtra, Thr. The ...
- Court
- Supreme Court of India
- Petitioner
- Yakub Abdul Razak Memon
- Respondent
- State Of Maharashtra, Thr. The ...
- Author
- Dipak Misra
- Bench
- Amitava Roy, Prafulla C. Pant, Dipak Misra
Judgment text excerpt
The Supreme Court addressed a writ petition under Article 32 challenging the execution of a death sentence awarded under the TADA (P) Act, 1987. The Court held that the dismissal of the curative petition was procedurally flawed as it was not constituted according to Rule 4 of Order XLVIII of the Supreme Court Rules, 2013, which mandates a specific composition for such petitions. Consequently, the Court emphasized the importance of adhering to procedural safeguards in capital punishment cases, leading to a stay on the execution until the pending application for pardon is resolved.