New Delhi, July 29
Arguments in favour of and against Mumbai blast convict Yakub Memon's last-ditch plea against his death sentence in the Supreme Court on Wednesday saw heated arguments between opposing lawyers.

Senior counsel T.R. Andhyarujina, arguing for the NLU Delhi death penalty litigation clinic, told the bench that Memon could not be executed till his second mercy petition addressed to Maharashtra governor spelling out the changed circumstances for seeking the commutation of death sentence into life imprisonment was decided with reasons.

At this, Attorney General Mukul Rohatgi said that this way, there would be no end to these mercy petitions as he referred to media reports saying that Memon has filed another mercy petition addressed to the president and media persons present in the court could confirm it.

Taking exception to his tone and tenor, Andhyarujina said: "You can't ridicule a person just to be hanged tomorrow morning."

Rohatgi hit back at Andhyarujina, asking why he "will not blame him for 257 deaths. He spread terror in the heart of the country".

Andhyarujina, who stood his ground, said he was "talking about human beings" but Rohatgi retorted: "You are talking about traitors."

At this, Andhyarujina said: "Let president say that he is a traitor" while adding that the law officer of the government "is not supposed to speak like that".

He also noted that Memon's death sentence is scheduled to be carried out on his birthday.

"July 30 happens to be his birthday," he said, as he contended that the slated execution was "illegal and arbitrary" as it was in breach of the directions of the apex court in Shatrugan Chauhan and Shabnam case.

'Death penalty no answer to terror'

As the Supreme Court gave the go-ahead for the hanging of Mumbai bomb blasts convict Yakub Memon, a majority of voices opined that death penalty was not the answer to terrorism, and underlined that he was not the main accused.

"You have to differentiate between this person, who has surrendered before the court and the other people who are in Pakistan," CPI-M politburo member Brinda Karat told IANS.

"The senior officer in-charge of the operation himself wrote that death sentence was not correct," she said commenting on the resurfacing of an article by former RAW official B. Raman, who had written that Memon had entered into an agreement with the government.

Activist John Dayal said he was "deeply saddened at the court ruling".

"I continue to oppose the barbaric concept of death penalty which has never deterred determined criminals. I am ashamed and embarrassed as a citizen at the gloating I see on TV channels. I wonder if this will expedite the process of justice for the victims of targeted violence against the citizens of India in 1984, 1993, 2002, 2008 and 2014", said Dayal.

Hyderabad Lok Sabha member Asaduddin Owaisi said Memon was given the death sentence because he did not have any political backing, unlike the killers of former Punjab chief minister Beant Singh and former prime minister Rajiv Gandhi.

Owaisi, head of the All India Majlis-e-Ittehadul Muslimeen, said if Memon was to be hanged, the perpetrators of the Babri mosque demolition should also be hanged.

"If capital punishment given by court of law can bring closure to innocent victims of a bomb blast, I demand capital punishment should also be given to actual sin, the demolition of the Babri Masjid," he said.

Social activist Sandhya Gokhle echoed similar views.

"The decision is disappointing. Even yesterday, there was a difference of opinion amongst the judges. He was denied justice after spending 20 years in prison. They should have considered the RAW official's letter. This is a vendetta because he is Tiger Memon's brother, otherwise the other people associated with the case have not been given death penalty," Gokhle said.

Author K.R. Meera, who wrote the book "Hang Woman", said: "We can't put an end to terrorism by hanging one person."

Ved Marwah, a former Indian Police Service (IPS) officer who was also the governor of Manipur and Mizoram, said the Supreme Court has done the right thing by not intervening at this late stage.

He, however, added: "My personal views on death penalty are that a life sentence should be the last recourse."

There were a few others who supported the death penalty.

Former Border Security Force director general Prakash Singh said: "The Supreme Court has taken the right decision. A message should go to those carrying out terrorist activities."

"In fact, I find it disappointing that in an incident where 250 people died, only one person could be hanged. It is also very late despite cases being registered under TADA."

He also questioned the authenticity of the article by the ex-RAW official, saying its resurfacing after so many years was very "mysterious".

Shiv Sena's Sanjay Raut said: "Now they will know what is death, what is the pain. The pain Mumbai faced. The government and the Supreme Court have taken decisions in consonance with the views of the people of India."

Political parties largely hail SC nod to Yakub's hanging

Political parties on Wednesday largely welcomed the Supreme Court's go-ahead for hanging Mumbai blast convict Yakub Memon, saying justice has been delivered to the victims.

"Dismissal of the petition by the Supreme Court is a culmination of judicial process in the country. Full justice would be done to 1993 Mumbai blast victims when Modi government will ensure extradition of Tiger Memon and Dawood Ibrahim," Congress spokesperson Randeep Surjewala told the media.

He said that the government should now proceed to deliver on its "rhetoric" by ensuring that Tiger Memon, Dawood Ibrahim, Zakiur Rehman Lakhvi, Hafiz Sayeed and others finding shelter in Pakistan were brought back to India to be punished as per the due process of law.

"Only fanatics on either side look at criminals from the prism of religion. Congress recognises the guilt irrespective of your religion, caste and region," he added.

BJP spokesperson Nalin Kohli said: "You have to accept what the Supreme Court has said and it has upheld the entire process. Every aspect that should be covered has been covered."

BJP's media convenor Shrikant Sharma said: "We welcome the Supreme Court verdict, justice has been done with people who died in 1993 Mumbai blasts."

Shiv Sena's Sanjay Raut said: "Now they will know what is death, what is the pain. The pain Mumbai faced. Government and Supreme Court have take decision in consonance with the views of people of India."

Differing with this view, however, CPI leader D. Raja said: "We are opposed to capital punishment and we will continue to campaign against it. Eye for an eye cannot be a part of jurisprudence in India."

Raja said he has also moved a private member's resolution on this in the Rajya Sabha, listed for July 31.

"Snatching away somebody's life for crimes committed is not in consonance with evolving jurisprudence which embraces in its scope measures to reform the person and transform psychology in tune with the values of compassion and humanism," he said.

Brinda Karat, CPI-M politburo member, said: "You have to differentiate between this person, who has surrendered before the court and the other people who are in Pakistan."