Yakub Memon hanging: Sleepless night in Delhi with judges, lawyers, ice-cream

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Here’s how the drama unfolded in Delhi:

Around 11 pm: Minutes after the President Pranab Mukherjee rejected Yakub’s mercy petition, a group of lawyers, including Prashant Bhushan, Yug Mohit Chaudhry, Nitya Ramakrishnan and Renjith Marar, arrives outside the CJI’s residence with a petition. Advocate Vrinda Grover joins the group, followed by Anand Grover, who had argued against Yakub’s death warrant, arrives. The other lawyers convince Anand to lead the argument. He agrees, leaves the group to sit inside his car. Minutes later, he walks hurriedly back, speaks briefly to Vrinda and returns to his car.

11.15 pm-11.43 pm: The wait continues for the next 28 minutes. Junior lawyers text their seniors about movement inside the CJI’s residence. Finally, the security asks them to stand at a distance. The lawyers then distribute ice-cream among themselves. Anand Grover, however, continues to sit in his car.

11.43 pm: A CRPF van arrives. Three Delhi Police vans follow, and the entry and exit points are barricaded. The lawyers go into a huddle again as rumours spread that the CJI has agreed to hear the case himself at 2 am.

11.56 pm: A registrar of the Supreme Court enters the CJI’s home, leaves within minutes.

12.21 am: An assistant commissioner-ranked police officer arrives to oversee security, leaves after 10 minutes.

12.43 am: The registrar informs lawyers that the CJI is yet to decide upon the constitution of the bench but the petition would likely be heard that night.

1 am: Anand Grover makes a sudden exit, followed by Prashant Bhushan and other lawyers. The junior lawyers confirm that the petition is to be listed before Justice Dipak Misra at his official residence.

1.07 am: The focus shifts to 10, Tughlak Road half a kilometre away, Justice Misra’s residence. But there’s only Anand Grover there. Meanwhile, three cars enter a residence opposite 10, Tughlak Road, leading to suspense over whether they belong to the other judges who will be hearing the case along with Justice Misra. But the lawyers soon find out that the residence belongs to Justice Sanjeev Khanna of Delhi High Court.

1.24 am: The Delhi police team moves to Justice Misra’s residence and barricade it. Meanwhile, Anand Grover waits outside.

1.30 am: Confirmation arrives that a three-judge bench, comprising Justices Misra, P C Pant and Amitava Roy, which had a few hours ago rejected Yakub’s plea, would hear his fresh petition.

1.45 am: Anand Grover leaves. Lawyers’ associates confirm that the matter has been listed at 2.30 am and that the hearing would take place at the Supreme Court.

2 am: Reporters and cameramen rush to the Supreme Court. The gates are opened and the lights switched on. Calls are made to post enough security personnel at the entry gate to frisk the visitors. The caretaker of the court premises is also called in.

2.10 am: Court hall number 4 is opened and lights switched on. Anand Grover arrives at the Supreme Court. Six minutes later, Prashant Bhushan arrives, followed by the other lawyers.

2.25 am: Only lawyers and journalists with IDs are allowed to enter. Meanwhile, reports circulate of protests outside the court, and that some protestors have been detained by Tilak Marg police.

2.30 am: Attorney General Mukul Rohatgi receives a call from the court registrar, informing him about the urgent hearing. He is told that the judges have sought his presence.

2.30 am-2.40 am: The judges reach the Supreme Court, a wait begins for the attorney general to arrive. Yakub’s lawyers prepare their case. Some lawyers complain of stuffiness inside the court hall. The air conditioners, however, are not switched on.

3.10 am: Attorney general Mukul Rohatgi arrives along with his team.

3.16 am: The hearing begins. Anand Grover starts by arguing that a 14-day notice “is a must” before execution. He complains that Yakub did not get an official communication about the rejection of his mercy plea.

3.36 am: Yug Mohit Chaudhry points out that previous judgments by the Supreme Court had ensured the protection of dignity of even a death-row convict. Chaudhry adds that no distinction can be drawn between the rights of a death-row convict in a terror case and those convicted for other crimes.

3.53 am: Rohatgi starts by telling the bench that the new plea is an abuse of the process of law and that the lawyers only want to delay the execution to stretch the matter into separate proceedings. Rohatgi says no convict can be given a 14-day notice every time his mercy plea is rejected.

4.10 am: Grover seeks reprieve for a “condemned man” about to “meet his creator”.

4.16 am: Justice Misra starts dictating the judgment on behalf of the bench. The judge starts by remarking he has to write another judgment for the same petitioner even before the ink on the previous order has dried.

4.54 am: The bench rejects the fresh petition by Yakub, clearing the decks for his execution. The lawyers thank the judges for their indulgence. The judges respond by saying it was a question of life and death.