A bench comprising justices J S Khehar and C Nagappan issued notice to the Maharashtra government and others on the plea of Memon and said that in the meantime “execution proceedings will remain stayed”.
The court also referred to a Constitution Bench a plea of Memon that review petitions in death penalty cases should not be heard by the apex court in chamber proceedings and be decided in open court.
Senior advocate Upamanyu Hazarika, appearing for Memon, said that a similar plea by a death row convict in the 2000 Red Fort attack case, Mohammed Arif, had been referred to a Constitution Bench.
The court then said that this petition be also tagged and heard along with the plea of Red fort attack case convict.
A bench of justices P Sathasivam and B S Chauhan had on March 21, 2013, upheld the death sentence of Memon.
The bench had commuted the death penalty awarded by a special TADA court to 10 others, who had planted RDX explosives-laden vehicles at various places in Mumbai,, to life term by distinguishing their roles from that of the Memon.
Dealing with case of Memon, a chartered accountant by profession and brother of proclaimed offender Tiger Memon, the court had said he was the “driving force” and a “mastermind” behind the blasts that rocked 12 crowded areas in Mumbai leaving 257 dead and over 700 injured.
The court had also said the 10 other convicts on death row were people of lower strata in the society and were without any regular jobs and had fallen prey to the “hidden motives” of the main conspirators.
“Since Memon as well as other absconders (Dawood and others) were the real conspirators who hatched the scheme for such a tragic act, the 10 appellants were mere subservient subordinates whose knowledge and acquaintance might have been restricted to their counterparts. If we say it in a metaphoric style, he (Yakub) and all the absconding accused were the archers whereas rest of the appellants were the arrows in their hands,” it had said.