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Can't suffer for brother's sins, Yakub Memon tells apex court
Wednesday November 02, 2011 10:00:55 PM,
IANS
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New Delhi:
The Supreme Court was Wednesday told that Yakub Abdul Razak Memon,
awarded death penalty in the 1993 Mumbai serial bomb blasts,
should not be made to suffer for the misdeeds of his brother and
main accused Tiger Memon.
The apex court bench of Justice P. Sathasivam and Justice B.S.
Chauhan was told by Yakub Memon that "one (Tiger Memon) is a
smuggler. I am a chartered accountant. I have charted my own
course in life". Tiger Memon is untraced since the blasts and is
on the run.
Appearing for Yakub Memon, senior counsel Jaspal Singh told the
court: "I am not a namazi (devout Muslim). He (Tiger Memon) is a
namazi. I don't know what kind of namazi he (Tiger Memon) is. His
(actions) are entirely against Islam."
The court was told this during the hearing of cross petitions by
the Maharashtra government and the convict challenging the trial
court verdict in the blasts in which 100 people were convicted, 12
of whom were awarded death sentence, 23 were acquitted and 44 were
absconding, including Tiger Memon.
Distancing himself from the conduct of Tiger Memon, Yakub Memon
told the court that the evidence of accused-turned-prosecution
witness Md. Usman Ahmed Jan Khan could not be read against him as
it was inconsistent.
The court was told that Khan had retracted his confessional
statement and alleged that police tortured him and compelled him
to make a statement against Yakub Memon.
While Jaspal Singh read through the confessional statement,
Justice Sathasivam observed: "We have gone through examination in
chief from page 23 to 91 (and) we did not find anything specific
against you."
Faulting the grant of pardon to Md. Usman Ahmed Jan Khan, the
senior counsel told the court that there was no provision for the
grant of pardon to an approver under the Terrorist and Disruptive
Activities (Prevention) Act (repealed in i995).
Justice Chauhan said it could be done under Section 306 of the
Code of Criminal Procedure.
The hearing would continue Thursday.
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