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july 2015

Supreme Court of India · 2015-07-28

YAKUB ABDUL RAZAK MEMON vs STATE OF MAHARASHTRA, THR. THE SECRETARY, HOME DEPARTMENT AND ORS.

Citation / case number
SC 2015/43166
Court
Supreme Court of India
Petitioner
YAKUB ABDUL RAZAK MEMON
Respondent
STATE OF MAHARASHTRA, THR. THE SECRETARY, HOME DEPARTMENT AND ORS.
Author
ANIL R. DAVE
Bench
KURIAN JOSEPH ANIL R. DAVE

Judgment text excerpt

The Supreme Court dismissed the Writ Petition (Criminal) No. 129 of 2015 filed by Yakub Abdul Razak Memon, affirming the rejection of his Curative Petition and Review Petition. The Court emphasized that Article 21 of the Constitution guarantees life only through due process, and the Curative Petition under Article 142 is a procedural remedy available post-Review Petition dismissal. The Court held that the pending application to the Governor of Maharashtra could be addressed before the execution of the sentence, but the Writ Petition lacked merit and was dismissed accordingly.

YAKUB ABDUL RAZAK MEMON vs STATE OF MAHARASHTRA, THR. THE SECRETARY, HOME DEPARTMENT AND ORS. · Niyam