Late last night, lawyers for Yakub Memon changed strategy and rushed to the residence Chief Justice of India H L Dattu and petitioned him for an urgent hearing to stay the hanging on the ground that 14 days time should be given to death row convict to enable him challenge the rejection and for other purposes.


After consultations, the CJI constituted the same three-judge bench that had earlier decided on the death warrant issue to go into the late night plea. Senior lawyers Anand Grover and Yug Chowdhury said that the authorities were "hell bent" on executing Memon without giving him the right to challenge the rejection of his mercy petition by the President as right to life of a condemned prisoner last till his last breath.


Grover said a death row convict is entitled to 14 days reprieve after rejection of mercy plea for various purposes. Opposing Memon's plea, Attorney General Mukul Rohtagi contended that Memon's fresh plea amounts to abusing the system.


A death warrant upheld just 10 hours ago by three judges cannot be quashed, he said, adding that the whole attempt appeared to be to prolong the stay in jail and get the sentenced commuted.