"Medical Condition Relevant": Supreme Court Stays Execution Of Death Row Convict Ex Cop BA Umesh

The Supreme Court on Monday (January 31) stayed the execution of ex-cop BA Umesh alias Umesh Reddy, who was sentenced to death in a rape and murder case.

Reddy was sentenced to death by a Sessions Court in Bengaluru upon being convicted in the year 2006 for offences under sections 376, 302 and 392 of the Indian Penal Code, committed in the year 1998. He was found guilty of rape and murder of a house wife. Later, the Supreme Court upheld the death sentence awarded to him in year 2011. Later his review petition was also dismissed.

The Karnataka High Court in September dismissed a petition filed by him challenging the executability of his death sentence, pursuant to rejection of his mercy petition by the President of India after alleged delay of over two years. It is not possible for the Courts to set an outer time limit for quick exercise of executive power of pardon when the Constitution itself does not place any such limits," a division bench of Justice Aravind Kumar and Justice Pradeep Singh Yerur had observed.

Against this judgment, Reddy approached the Apex Court and raised the following contentions:

a) Even after recording a finding that there was avoidable delay to the extent of 550 days in disposing of the mercy petition, the High Court did not grant any relief to the petitioner.

b) Going by the letter written by a Medical Officer, which letter was not controverted, the petitioner was kept in solitary confinement for about 11 years. Thus, the law laid down by this Court in Sunil Batra v. Delhi Administration & Others, (1978) 4 SCC 494 was violated.

c) The letter written by the Medical Officer was quite clear that because of the psychological condition, the petitioner was unable to make any mercy petition. This fact was also not taken into account in correct perspective by the High Court.

The bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha noted that medical condition is a relevant supervening circumstance of the confirmation of death sentence. While staying the execution of death sentence, the bench issued following directives:

a. The State shall place before us the Report(s) of all the Probation Officer(s) relating to the accused before the next date of hearing. In case there have been more than one Report, let all Reports be placed for the consideration of this Court.

b. Since the National Institute of Mental Health and Neuro Sciences (NIMHANS) at Bengaluru, has on the earlier occasion made psychological assessment of the petitioner, the Director NIMHANS is directed to constitute a suitable team for psychological evaluation of the petitioner and send a Report before the next date of hearing.

c. The Jail Authorities, Belgaum Central Prison where the petitioner is presently lodged shall render complete co-operation in facilitating access to and due evaluation of the petitioner in all respects.

The court directed this case to be listed on 5th April 2022.

Click here to Read/Download Order