New Delhi, Jul 28(UNI) Chief Justice H L Dattu will constitute a new bench tomorrow to hear 1993 Mumbai serial bomb blast convict Yakub Memon's plea seeking stay of his death sentence slated for July 30. After Attorney General Mukul Rohatgi, appearing for the Centre, informed the bench about the split verdict earlier in the day, Chief Justice Dattu, said "I will constitute a bench tomorrow." The Court will again hear the matter tomorrow. Senior Supreme Court advocate Raju Ramachandran, appearing for convict Memon, pleaded for a stay on the execution. The court, however, did not pass any order on this plea. Memon also moved the court seeking quashing of his death warrant on the grounds that it was issued even before he could exhaust his legal remedies. Earlier in the day, a bench comprising Justices Anil R Dave and Kurien Joseph delivered a split verdict on Memon's plea. While Mr Justice Dave dismissed Memon's plea, Mr Justice Joseph stayed the death warrant issued on April 30 for his execution on July 30. Mr Justice Joseph said the case should be re-considered after constituting a bench in accordance with Supreme Court rules. The judges then referred the matter to the Chief Justice of India. Mr Justice Joseph said he was expressing his inability to agree with Mr Justice Dave as there was a "procedural violation" in deciding the curative petition filed by Memon. "The technicalities should not stand in the way as the law is for common man and also law is not helpless and this court should not be rendered powerless," he added. Mr Justice Joesph said that Article 21 deals with the right to life of a person and same shall be deprived only in accordance with the procedure adopted by law. "It has been noticed that the procedure by law was not followed in this case while depriving the right to life of a person," he added. Mr Justice Joseph said that the curative petition of Memon is required to be considered afresh in accordance with the law. "The curative petition itself was not decided in accordance with the rules laid down by this court. That defect needs to be cured otherwise there will be a clear violation of the right to life under Article 21 of the Constitution," he added. "It has been noticed that the procedure by law was not followed in this case while depriving the right to life of a person," he said. UNI XC PY NK1751