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.