Supreme Court Stays Execution In Two Death Penalty Matters For Psychological Examination Of Convicts

Both the executions were stayed by a Bench comprising the CJI, Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala.

The Bench directed the concerned State (Uttar Pradesh and Tamil Nadu) to file the reports of all Probation Officers pertaining to Samivel and Deen Dayal within a period of eight weeks. The Superintendent of the respective jails were asked to submit a report on the nature of work performed by the accused while in jail. Another report with respect to the conduct and behaviour of the accused in jail for the past eight weeks have also been sought.

The Apex Court asked the Head of Psychiatry Department, Madurai Medical College and Head of King George Medical University, Lucknow to constitute a team in order to carry out psychological evolution of Samivel and Deen Dayal respectively.

In case of Samivel, the Bench had permitted Ms. Katherine Deborah Joy of Project 39A, National Law University, Delhi to have access to him in order to be able to submit the report in regard to the psychological assessment of the appellant. For Deen Dayal the same permission was granted to the concerned psychologist.

Both the cases taken up a day apart [Deen Dayal Tiwari v. State of UP (07.12.2022) and Samivel v. State of Tamil Nadu (08.12.2022)] have been directed to be listed after eight weeks.

[Case Titles: Deen Dayal Tiwari v. State of UP SLP(Crl) No. 24153/2022 and Samivel @ Raja v. State of Tamil Nadu SLP(Crl) No. 26241/2022]