He said the curative plea, after going to the four senior-most judges of the top court, should have also gone to the bench which last heard the matter confirming his death sentence in a review plea on April 9, 2015.

Yakub Memon has pleaded that the death warrant for his execution is illegal because it was issued before he had exhausted every legal option; his curative petition challenging the Supreme Court’s ruling had not been heard then.

All legal remedies have not been exhausted, Memon said and he has also approached the Maharashtra Governor with a plea for mercy and he even filed mercy plea before the Governor immediately after his curative petition was dismissed by the apex court.

But Justice Kurian Joseph wants a stay on the death warrant and a fresh hearing of the curative petition on the ground that the bench that dismissed the plea on July 21 was not properly constituted.

Memon, a chartered accountant, was sentenced to death in 2007 by a special court in Mumbai, which found he played a key role in the bombing conspiracy. Chelameswar, J. and Justice Kurian Joseph.

The apex court bench comprising of Justices AR Dave and Kurian Joseph differed on the issue of entertaining the plea of Memon, the sole death row convict in the Mumbai serial blasts case.

Raman was “disturbed” that the prosecution failed notify the court of “mitigating circumstances” under which Memon cooperated and persuaded other members of his family to leave Pakistan and surrender to Indian authorities and said he was concerned that the intelligence agencies had reneged on its promises.

He declared that his brother judge’s “submissions made about the curative petition do not appeal to me as they are irrelevant and there is no substance in them”. “After all, law is for man and law is never helpless”.

To discuss about the case, two Supreme Court judges, asked the Chief Justice of India to take a call. “The mandatory procedure prescribed under law has not been followed”.

There is an error apparent on the face of the order in the Curative Petition.

Earlier on July 15 Maharashtra government had decided to execute Memon on July 30. As stated by him the phrase “judgment complained of” in the Supreme Court Rules dealing with curative petitions can only be the main judgment, and not the review judgment.

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