Supreme Court Stays Execution Of Death Row Convict, Allows His Psychological Assessment

A bench of Chief Justice D. Y. Chandrachud, Justice Hima Kohli and Justice J. B. Pardiwala allowed the criminal miscellaneous petition filed by Project 39A which has been set up under the auspices of National Law University Delhi to provide pro bono legal representation particularly to convicts who have been sentenced to death.

The petition sought directions to grant Ms. Nuriya Ansari of Project 39A to physically visit the convict Ramkirat Munnilal Goud, in Yerwada Central Jail and conduct multiple in-person interviews for the purpose of collecting information and recording the interviews for the purpose relevant to the sentencing. Ms. Ansari works with Project 39A as a mitigating investigator and holds a Masters Degree in Applied Psychology.

Permission was sought to keep the interviews so conducted be kept as confidential and allow Ms. Ansari to obtain documents or other written material pertaining to the applicant and direct the Respondents to set up video conferencing facilities for the applicant to speak with the legal representatives.

The top court granted leave in the Special Leave Petition and called for the original case records in the matter. Having regard to the judgment in Manoj vs State of Madhya Pradesh where guidelines were issued for psychological examination of the death row convict, the Court passed the following directions :

1. "The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight weeks

2. The Superintendent of the Yerwada Central Jail shall submit a report in regard to the nature of work which has been performed by the appellant while in jail and a report in regard to the conduct and behaviour of the appellant while in jail within a period of eight weeks

3. The Head of Sassoon General Hospital, Pune shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Maharashtra within a period of eight weeks

4. Ms Nuriya Ansari is permitted to have access to the appellant who is presently lodged in Yerwada Central Jail, Pune to submit her report in regard to the psychological assessment of the appellant"

Goud had filed the petition challenging the conviction and sentence before the top court. Goud was accused of raping and killing a 3-year-old girl. The trial court convicted Goud under various provisions of the Indian Penal Code and POCSO Act and granted him death penalty in 2019. The death penalty was then upheld by the Bombay High Court by 2021.