Supreme Court Issues Notice On Death Row Convict's Plea To Transfer Him From Kerala To Home State Assam

The Supreme Court on Monday issued notice on the plea filed by Muhammed Ameer-ul-Islam, who has been sentenced to death for the rape and murder of a woman in Kerala in 2016, seeking transfer from the prison from Kerala to a prison in his home state Assam.

The bench comprising of Justices Dinesh Maheshwari and Hrishikesh Roy heard Advocate K. Parameshwar, who submitted before the Court that the Government of Kerala has rejected the petitioner's appeal of transfer citing the Kerala Prisons and Correctional Services (Management) Rules which were framed under Kerala Prisons and Correctional Services (Management) Act 2010. He also submitted that the Government of Assam has also rejected the application stating that it does not have jurisdiction of the matter.

It was pointed out by the Advocate Parameshwar that the Kerala Act was contrary to the Transfer of Prisoners Act, 1950 which is a central legislation. He submitted that, "Prisons is List 2 and transfer of prisoners is concurrent list that is why in the transfer from one state to another it would be the Transfer of Prisoners Act which would come into play"

The bench agreed to hear the matter and sought response from the Respondents i.e., the State of Kerala, State of Assam and Union of India in the matter. The bench has listed the matter for further hearing after 4 weeks.

The petitioner has approached the court seeking transfer on the ground that the rules laid in Kerala Prisons and Correctional Services (Management) Rules cannot be superior to the statute laid down in Prisoners Act, 1900 and Transfer of Prisoner Act, 1950. It was also stated that it is against the principles of natural justice to deny the transfer on the basis of rules when there exist provisions in statute which supersede the rules.

Another ground raised by the petitioner is that he has been awarded death sentence which has been confirmed by the High Court and in such a situation the loved ones of the petitioner are not able to visit him in his final days due to extreme poverty. This is violative of the provisions laid down in Article 20 and 21 of the Constitution of India and the Human Rights Charter. He also cited the the case of Sunil Batra v. Delhi Administration wherein it was stated that the prisoners are to be protected from harsh or inhumane treatment during their time in jail and not to be tortured or discriminated in any way. The petitioner therefore prayed to be allowed to be transferred from Kerala to Assam to protect his fundamental rights.

The petitioner/accused Muhammed Ameer ul Islam was found guilty of rape and murder of a law student in Kerala. He was charged under various provision of Indian Penal Code and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. he was awarded Death Sentence by the Ernakulam Chief Judicial Magistrate Court in 2017, which was later confirmed by the High Court of Kerala.

The petition was filed through Advocate on Record Sreeram Parakkat.

MUHAMMED AMEER UL ISLAM vs STATE OF KERLA & ORS – W. P. (Crl.) No. 455/2022

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