Death Row Prisoner In Solitary Confinement For 11 Years : Supreme Court Reserves Judgment On Commutation Plea

The Supreme Court, on Tuesday, reserved judgment in a plea challenging the order of the Karnataka High Court upholding the rejection of mercy petition by the President, wherein a death row convict had claimed to have been kept in solitary confinement for about 11 years, right after he was sentenced to death by the Sessions Court. Considering the same, on 21.04.2022, a Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha had directed the District Judge, Belgaum (Karnataka) to conduct a local inspection of the ground realities of the circumstances in which he was lodged in a separate cell. The District Judge had paid a surprise visit to the Belgaum Central Prison, where the petitioner was lodged and after inspection submitted a report on 21.04.2022. On 26.10.2006, Umesh (petitioner) was convicted under Section 376, 302 and 392 IPC and was sentenced to death by the Sessions Judge, Fast Track Court-VII, Bangalore City. The Karnataka High Court affirmed the conviction and the sentence was confirmed by the majority opinion of the Court, based on the finding that there was no possibility of reformation. Subsequently, the Supreme Court upheld the decision of the Courts below. A writ petition was filed seeking open court hearing of the review petition, which was eventually allowed. After dismissing the review petition in chamber on 07.09.2011, the Supreme Court decided the review petition against the petitioner in open court on 03.10.2016. The petitioner had submitted a mercy petition before the President of India, which was rejected on 12.05.2013. After the dismissal of the review petition in 2016, he filed a Writ Petition before the Karnataka High Court challenging the executability of his death sentence, primarily, on four grounds - Violation of Article 21 of the Constitution of India;Delay in adjudicating the mercy petition;Petitioner being put in solitary confinement andScope of judicial review Considering that the delay of one and a half years is attributable to the State Government rather than the Centre and given the fact that there was an overlap between judicial proceedings and disposal of mercy petition, the High Court was of the opinion that the "the delay claimed by the petitioner, howsoever inordinate would disappear into the background and cannot be taken notice of." Moreover, the High Court did not find the petitioner to be in solitary confinement. Solitary Confinement The Counsels for the petitioner as well as the State Government accepted the report prepared by the District Judge, Belgaum after visiting the Belgaum Central Prison, where the petitioner has been lodged since he was sentenced to death in 2006. Upon seeking instructions from the petitioner, Advocate, Dr. Yug Mohit Chaudhary, apprised the Bench, that the petitioner's confinement was in 3 phases - 1st Phase (2006 - Oct, 2016) - From the date of decision of the Sessions Court till the time the High Court stayed the execution he was in a block called 'Andheri Block', which had 12 cells. He submitted that was the worst part of the petitioner's solitary confinement. The petitioner was not allowed to go out at all. Food was provided inside the cell; the doctor as and when required also visited the petitioner inside the cell. Even if Glucose had to be administered it was done through a pipe inside the cell. Throughout the entire duration of his stay in that cell, he was not allowed to go outside, except to attend two yoga functions and a prayer session of Lord Ayyappa. He claimed that the conditions of his imprisonment in the 1st phase had led to the deterioration of his mental health. 2nd phase (Oct, 2016 to Jan, 2019) - He was lodged in the same Andheri Block but was allowed to come out of the cell 3 times a day. He submitted that at this phase, the 'solitary confinement' as defined in Sunil Batra v. Delhi Administration And Ors. (1987) 4 SCC 494 had effectively come to an end. 3rd phase (Since Jan, 2019) - The present barrack has 6 cells. He is allowed to go out of the cell and has no grievances in that regard. Additional Advocate General for the State of Karnataka, Mr. Nikhil Goel accepted the report. He informed the Bench that the Superintendent who is at present in-charge of the concerned jail was present before the Bench. After interacting with the Jail Superintendent the Bench noted - "In order to ascertain factual aspects of the matter we had the benefit of interaction with the concerned Jail Superintendent who is present today in Court. He accepted the block in question is called Andheri Block and that appellant was kept there till Jan, 2019. He also accepted that only one inmate is kept in a cell in said Andheri Block. It was further stated by him that the petitioner to the present barracks was shifted in 2019 by his predecessor and since the day he joined his duty…the petitioner is...

Death Row Prisoner In Solitary Confinement For 11 Years : Supreme Court Reserves Judgment On Commutation Plea

Sohini Chowdhury

Tags