"I have already assigned the bench. The file had come to me. It will come up on Monday," said the Chief Justice of India H L Dattu. "This is a sensitive matter," the bench, also comprising Justices Arun Mishra and Amitava Roy, said noting that it has been already assigned to a bench headed by Justice A R Dave for July 27.

While senior advocate Raju Ramachandran mentioned the petition for Yakub Memon, another senior counsel T R Andhyarujina appeared for Death Penalty Litigation Clinic, associated with the National Law University Delhi, which has been filing petitions in Apex Court against the execution of death penalty in different cases.

Ramachandran said there is no time to lose for Memon whose life hangs by a thread. Andhyarujina cited the convict is due to be hanged on coming Thursday at 7 in the morning and sought tagging of the Clinic's plea with that of Yakub.

Memon sought 'extra-indulgence' of the Apex Court for an immediate hearing of his petition saying that 'undue haste' was shown to execute him without following the due process of law. Memon got support from the Clinic that he was not given proper notice of the death warrant proceedings to enable him to get legal assistance.

The petition said the death warrant was issued by the TADA court in Mumbai when his curative petition was already pending in the Apex Court, “Thereby presumptuously pre-determining its negative outcome."

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