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Yakub Memon
Convicted terrorist (–)
Yakub Abdul Razzaq Memon (30 July – 30 July ) was an Indian terrorist financier convicted of terrorism over his financial involvements in the Bombay bombings,[4][5][6][7] and the brother of one of the prime suspects in the bombings, Tiger Memon.[5][8][9] After his appeals and petitions for clemency were all rejected, he was executed at Nagpur Central Jail on 30July [10] Memon financially assisted his brother Tiger Memon and Dawood Ibrahim in planning and executing the bombings.[11] Memon handled Tiger's funds, funded the training of 15 youths who were sent to a secret location to learn handling arms and ammunition, purchased the vehicles used in the bombings, and stockpiled weapons.[12][13][14][15]
Early history
Yakub Memon was born into a Memon family on 30 July [16] in Mumbai and grew up in the Byculla neighborhood where he attended Antonio D'Souza High School.[17] He completed a master's degree in Commerce at the Burhani College of Commerce and Arts. In , Memon enrolled in the Institute of Chartered Accountants of India and completed study as a chartered accountant in [18]
In , Memon founded the chartered accountancy firm 'Mehta & Memon Associates' with his childhood friend Chetan Mehta. The following year, they parted ways, and he founded another accountancy firm 'AR & Sons'. Named after his father, it was so successful that Memon won a "Best Chartered Accountant of the Year" award from the Memon community of Mumbai. He also formed the export company 'Tejrath International' to export meat products to the Persian Gulf region and Middle East.[12]
Bombay bombings
Main article: Bombay bombings
Part in the bombings
Memon financially assisted his brother Tiger Memon and Dawood Ibrahim in planning and executing the bombings.[11] Memon handled Tiger's funds, funded the training of 15 youths who were sent to a secret location to learn handling arms and ammunition, purchased the vehicles used in the bombings, and stockpiled weapons.[12][13][14][15]
Arrest
The Indian Central Bureau of Investigation claims that Memon was captured at New Delhi railway station on 5August However, Memon claims that he surrendered to police in Nepal on the 28July [18][19] Memon was captured with a briefcase which contained a recording of a conversation he had in Karachi.[20]
Trial
Justice P. D. Kode, in a Terrorist and Disruptive Activities (Prevention) Act (TADA) court, found Memon guilty of the following offences on 27 July [7][21][22]
| Crime | Sentence |
|---|---|
| Criminal conspiracy to carry out terrorist act and disruptive activities, and murder | Death |
| Aiding and abetting and facilitating in a terrorist act | Life imprisonment |
| Illegal possession and transportation of arms and ammunition | Rigorous imprisonment for 14 years |
| Possessing explosives with intent to endanger lives | Rigorous imprisonment for 10 years |
Subsequent appeals and petitions
Memon had filed an appeal before the Supreme Court of India under Section 19 of the TADA Act and State of Maharashtra filed a reference before the court for the confirmation of Memon's death sentence. On 21 March , the Supreme Court confirmed Memon's conviction and death sentence for conspiracy through financing the attacks. The court held that Memon's role was limited not only to the extent of correspondence between the masterminds and all other accused, but he was also entrusted with task of handling the explosive bags and for their safe keeping, which is stated in the confessional statements of various co-accused persons. It also held that Memon was actively involved in hawala transactions for the purpose of facilitating the blasts. The judges called him the "mastermind" and "driving force" behind the bombings.[19][23][24] Memon has consistently claimed innocence.[25]
Memon then filed a Review Petition seeking review of Supreme Court's judgment confirming his death sentence. On 30 July , Supreme Court bench headed by Chief Justice P. Sathasivam and Justice B.S. Chauhan rejected Memon's application for oral hearing and dismissed his review petition by circulation.[26] Memon then filed a Writ Petition before the Supreme Court as the issue of oral hearing of review petitions against death sentences was being heard by the Supreme Court.[22]
On 6 August , Memon's brother Suleman filed a mercy petition before the President of India. However, Indian President Pranab Mukherjee rejected Memon's petition for clemency on 11 April [27]
On 1 June , Justices J. Khehar and C. Nagappan imposed a stay of execution while a plea from Memon, that review of death penalties should be heard in an open court rather than in chambers, was heard by a constitution bench of the Supreme Court[28][29] which was then extended in December [30] On 24 March , open court hearing began on Memon's review petition. Senior Counsel Jaspal Singh represented Memon. On 9 April , Supreme Court dismissed Memon's review petition.
On 30 April , Maharashtra Government issued a death warrant setting 30 July as the date for Memon's execution.[7][22] Memon then filed a curative petition before the Supreme Court on 22 May , which was rejected on 21 July Meanwhile, Memon then filed a mercy petition with the Governor of Maharashtra and then filed a Writ before the Supreme Court of India for a stay on his execution till the mercy petition is decided. He claimed that the death warrant was illegal, as it had been issued before he had exhausted all his legal avenues of appeal.[31] The death sentence given to Yakub Memon has been criticized by a few eminent personalities, including Salman Khan, Research and Analysis Wing officer B. Raman,[32][33][34] former Supreme Court judge Justice H. S. Bedi,[35] Former Supreme Court judge Markandey Katju,[36]Hussain Zaidi,[37]Ram Jethmalani,[38]Asaduddin Owaisi,[39]R. Jagannathan[40] and a few Muslim bodies, who asked for implementation of the Srikrishna Commission report.[41][42][43][44] On 26 July , a petition was handed over by some eminent personalities and political leaders to President Mukherjee to reconsider Memon's mercy plea.[45]
On 28 July , Memon filed a fresh writ petition before the Supreme Court challenging the order passed in the curative petition contending that the required quorum was not present based on the interpretation of the Supreme Court Rules. After the hearing, the two judges disagreed on the issue and passed an order requesting the Chief Justice of India (CJI) to urgently constitute a larger bench. On 29 July, the Supreme Court rejected his petition. Memon also submitted a petition for clemency to Maharashtra Governor C. Vidyasagar Rao and a fresh petition to President Mukherjee, both of which were rejected.[46][47] As a final resort Memon's lawyers filed a plea for day stay of execution with Supreme Court Chief Justice citing that there needs to be day period between a mercy plea rejected by president and the execution.[48] A three-judge bench convened at IST to hear the arguments. After hearing the arguments the bench upheld the execution, rejecting Memon's lawyers arguments.[48]
Imprisonment
Memon was originally held at Yerwada Central Jail, and was transferred to Nagpur Central Jail in August [49] While in prison, he studied at Indira Gandhi National Open University and earned two master's degrees: the first, in , in English literature and the second degree, in , in political science.[19]
Execution
Memon was executed at Nagpur Central Jail at around a.m. IST on 30July , his 53rd birthday. He had been woken up at a.m., permitted to take a warm bath, and was provided with a fresh set of clothing. He was allowed to read the Quran and do Salah, given a last meal of his choice, allowed a final phone call with his daughter as per his last wish,[50][51] and underwent a final medical examination before the execution.[52] A Pune police constable who had previously hanged Ajmal Kasab carried out the execution.[53] He became the 24th person and the first convict in 31 years to be hanged at Nagpur Central Jail since [54][55]
His execution set off a debate on capital punishment in India, with many commentators and activists calling for its abolition.[56][57]
In media
Memon was portrayed by actor/director Imtiaz Ali in Anurag Kashyap's film Black Friday.[19] The film includes some of the actual footage of Yakub Memon's interview given to Madhu Trehan of Newstrack, where he states that the conspiracy was orchestrated by his brother Tiger Memon and his underworld associates.[58][59]
References
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