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2015 Supreme(SC) 739

DIPAK MISRA, PRAFULLA C.PANT, AMITAVA ROY
Yakub Abdul Razak Memon – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

Dipak Misra, J.

The issue that had seen the end after the day’s drill at 4.15 p.m. yesterday, i.e., 29.07.2015, appears to have unending character because precisely after ten hours, about 3.15 a.m. on 30.07.2015, it has risen like a phoenix possibly harbouring the idea that it has the potentiality to urge for a second lease of life as put forth by Mr. Anand Grover, learned Senior Counsel and Mr. Yug Chaudhry, learned counsel, appearing for the petitioner, stating that the assail has become inevitable after the President of India in exercise of his power under Article 72 of the Constitution has rejected the mercy petition preferred by the petitioner. Be it stated, it is contended by the learned counsel for the petitioner that by virtue of the rejection of the mercy petition, the death warrant issued on 30.4.2015 would be executed today, without waiting for 14 days, and hence, there should be a grant of stay.

2. We may mention that, before the ink in the earlier judgment has dried up, the present writ petition has been filed by the petitioner assailing the legal justifiability of the execution warrant dated 30.04.2015 issued by the Presiding officer, Designated TADA Court, M



























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