Yakub Memon files fresh mercy petition with President

President Pranab Mukherjee had rejected his mercy plea last year but Yakub's lawyer says that petition was filed by his family on his behalf.

The 53-year-old chartered accountant is scheduled to  be hanged at a jail in Nagpur on Thursday subject to a verdict to be given by a three-member Suprememe Court bench that hears on Wednesday his plea to stop his execution on grounds that proper procedure was not followed.

The situation makes it uncertain whether the death sentence will be commuted.

Memon's death warrant has already been issued.

Thursday's hearing of Memon's case  comes after the earlier two-judge bench of Justices AR Dave and Kurian Joseph was divided in its opinion and left it to Chief Justice of India HL Dattu to set up a larger bench .

While Justice AR Dave dismissed his petition, justice Kurien Joseph disagreed, saying Yakub’s curative petition needed to be heard afresh as it was dismissed without following correct procedure and rules laid down by the top court.

“A defect in deciding curative petition needs to be cured otherwise there will be clear violation of right to life of the convict under Article 21 of the Constitution,” justice Joseph said.