Over 22 years after the 1993 Mumbai blasts, Yakub Memon, the sole convict on death row, was hanged on his 53rd birthday today after failure of last-gasp efforts by his counsels to stall the execution that led the Supreme Court to hear his plea in the wee hours before throwing it out.

Memon, whom the Supreme Court had described as the “driving spirit” behind the worst terror assault till date that left 257 dead and 713 wounded, was hanged at the Nagpur Central Jail shortly before 7 am, just about two hours after his last-ditch attempt to gain reprieve came to naught.

The body of Memon, who would have turned 53 today, would be handed over to his relatives who have been camping in a Nagpur hotel after completion of formalities.

Maharashtra Chief Minister Devendra Fadnavis is likely to make a statement in the Legislative Assembly, which is in session, later in the day.

Yakub’s execution, after a contentious debate an a mercy petition on his behalf to the President by eminent personalities, including some former Supreme Court judges, was preceded by an extraordinary hearing by an apex court bench that began at 3.20 am.

In a late Wednesday night move, Memon’s counsels mounted a last-minute effort to save him from the gallows when they rushed to the residence of the Chief Justice of India H.L. Dattu with a petition for an urgent hearing to stay the hanging on the ground that 14 days’ time is needed to be given to a death row convict to enable him challenge the rejection of his plea and for other purposes.

The legal manoeuvre followed an order of a three-judge bench of the Supreme Court yesterday upholding the death warrant issued by a TADA court against Memon on April 30 for his execution today. The bench also held that a Supreme Court bench’s rejection of his curative petition against his conviction and sentencing did not suffer from infirmities.

The move by Memon’s counsels also came hours after the rejection of his mercy pleas, first by Maharashtra Governor and then by the President.

After due consultations, the CJI constituted a three-judge bench headed by Justice Dipak Misra, which had yesterday upheld the death warrant and refused to stay its execution.

The unprecedented pre-dawn hearing began in Court Room 4 at 3:20 am and, an-hour-and-a-half later when it concluded at 4:50 am, Memon’s fate had been sealed.

“Stay of death warrant would be a travesty of justice.

“The plea is dismissed,” said Justice Dipak Misra, writing the judgement for the bench.

Challenging rejection of mercy petition

Memon’s senior counsels Anand Grover and Yug Chowdhury contended the authorities were “hell bent” on executing him without giving him the right to challenge the rejection of his mercy petition by the President, insisting right to life of a condemned prisoner lasts till his last breath.

Grover said a death row convict is entitled to 14 days reprieve after rejection of mercy plea for various purposes.

Opposing Memon’s plea, Attorney General Mukul Rohtagi said his fresh petition amounted to “abusing” the system.

Rohatgi said the whole exercise was an attempt to prolong Memon’s stay in jail and get the sentence commuted. “A death warrant upheld just 10 hours ago by three judges cannot be quashed,” he said.

The bench was in agreement with Rohatgi, with Justice Mishra saying the convict had “ample opportunity” after his first mercy plea was rejected by the President on April 11, 2014 which was communicated to him on May 26, 2014.

He said the rejection could have then been challenged before the Supreme Court.

“As a consequence, if we have to stay the death warrant it would be a travesty of justice,” the bench said, adding “we do not find any merit in the writ petition”.

Reacting to the verdict, Grover said it was a “tragic mistake” and a “wrong decision”.

Memon, younger brother of Tiger Memon, a key conspirator in the blasts and close associate of fugitive mobster Dawood Ibrahim, was described by the Supreme Court as the “driving spirit” behind the blasts when it upheld his conviction and death sentence on March 21, 2013. The special TADA court had awarded him death penalty on September 12, 2006.

The blasts had followed the communal riots on 1992-93 in the aftermath of the Babri Masjid demolition.

Yakub was alleged to have helped arrange for funds and other logistics for the blasts and sent at least 13 to 14 accused to Pakistan from Mumbai via Dubai for training in handling of arms and ammunition. He was arrested in Delhi on his arrival from Kathmandu on August 6, 1994.

Yakub had claimed he came back to surrender as he felt tortured by remorse. Though a former RAW officer B Raman wrote in an article that Yakub was persuaded to return to India, there was no confirmation of any deal between him and the security and intelligence establishments under which he was to escape the noose.

Yakub’s brother Essa and sister-in-law Rubina are undergoing life imprisonment in the case for conspiracy and arranging finances and logistics for the terrorists who carried out the blasts.

Several key conspirators, including Dawood and Tiger Memon are still absconding and believed to be sheltered by Pakistan.

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