Can the governor decide on Memon’s mercy petition?

NEW DELHI: A day after the sole death row convict in the 1993 Mumbai blasts case, Yakub Memom, filed a fresh clemency petition, the Centre told the Supreme Court on Wednesday the practice of filing repeated mercy pleas should be stopped.

In an oblique reference to Memon’s case, solicitor general Ranjit Kumar told a constitution bench headed by Chief Justice of India HL Dattu, “There must be finality to the case after the President or the Governor rejects the mercy plea and courts also dismiss their appeals. Repeated filing of mercy pleas frustrates the principle of finality.” The bench was hearing the Centre’s plea against Tamil Nadu’s decision to remit the life sentences and prematurely release seven convicts in the Rajiv Gandhi assassination case.

Ku ma r contended the Jayalalithaa administration cannot show mercy to the killers because two constitutional authorities — the President and governor — had rejected their clemency plea. Kumar said if the practice of allowing mercy petitions to be filed repeatedly is allowed “the whole procedure will be endless and it is a misuse of the provisions”.

But the bench sought to know if a governor could entertain a second mercy petition from a death row convict after the first one was rejected by the President. “Wouldn’t that embarrass the President?” it asked, without referring to Memon’s representation. “What will happen if the governor takes a contrary view and thus embarrass the President?” the CJI asked Kumar. The solicitor general said the governor can decide the mercy plea of death row convicts even if it had been rejected by the President provided there is a “change in circumstances”. He, however, said the convict cannot be granted remission after constitutional authorities like the President and Governor had rejected the mercy plea.

Memon’s curative petition before the SC was rejected by a bench headed by the CJI on Tuesday, paving the way for his execution. But within hours, he filed a personal mercy petition before Maharashtra governor.

MEMON MAY NOT GET HIS SECOND PG DEGREE NAGPUR: Mumbai blasts accused Yakub Memon may not live to receive his second masters degree, in Political Science, which he has earned while pursuing studies in the Central Prison here, as he is to be hanged soon. A qualified chartered accountant, Yakub completed an MA in English literature and Political Science in Nagpur jail through the Indira Gandhi National Open University (IGNOU).

An academically-inclined Yakub studied literature from 2010 to 2012 and pursued political science from 2012 to 2014. Yakub passed his MA Political Science too in December 2014 but the degree has not been conferred upon him so far. “He may not live to get the MA Political Science degree (as per IGNOU records, Yakub’s birth date is July 30, 1962),” Shiva Swaroop, regional director of IGNOU, which conducts PG courses in the prison, said. Recalling Yakub as a student, he said, “He (Yakub) showed keen interest in both the subjects and was very quiet. We provided books on the subject and shared inputs with him.” “I see all students but our principle is to stick to our business of teaching and providing counselling and not beyond that,” he said.