Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala

The Supreme Court on Tuesday (July 16) stayed the execution of the death sentence given to Muhammed Ameer-Ul Islam, a migrant labourer from Assam, for committing the rape and murder of a law student in Perumbavoor(Kerala) on April 28, 2016.

A bench comprising Justices BR Gavai, Sanjay Karol and KV Viswanathan, considering the appeal filed by the convict against the Kerala High Court's confirmation of the death sentence, sought a report regarding the mitigating circumstances and psychological evaluation of the convict.

"The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal," the Court ordered.

The Court issued directions for collecting information for the Mitigating Investigation Report about the appellant.

Project 39A of the National Law University Delhi gave legal assistance to the convict. Advocate Shreya Rastogi of P39A appeared for him.

The Court passed the following directions :

i. 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 (8) weeks. ii. The Superintendent of Prison, Central Prison & Correctional Home, Viyyur, Kerala, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail, within a period of eight (8) weeks.

iii. The Government Medical College, Thrissur 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 Kerala within a period of eight (8) weeks.

iv. Ms. Nuriya Ansari is permitted to have access to the appellant who is presently lodged in Central Prison & Correctional Home, Viyyur, Kerala to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the appellant through the appellant's Advocate-on- Record within twelve weeks.

v. The Central Prison & Correctional Home, Viyyur, Kerala shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot, and audio recorders be permitted to be used to record the interviews.

vi. A person nominated by Ms. Nuriya Ansari be permitted to accompany her to translate during the interview.

vii. Ms. Nuriya Ansari is granted permission to obtain documents pertaining to the appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the appellant may wish to submit for the purpose of sentencing information.

As per the prosecution case, the accused under the influence of alcohol barged into the residence of the victim and committed rape and murder. While the victim resisted the rape, the accused out of such frustration and vengeance brutally attacked her with a knife. The victim aged 30 years belonged to the scheduled caste community and was deserted by her father in childhood.

In December 2017, the trial court found him guilty and sentenced him to death, holding the crime to be of the "rarest of the rarest" category. In May this year, a division bench of the High Court comprising Justice P.B. Suresh Kumar and Justice S. Manu observed that the case was deeply disturbing and represented a severe violation of human dignity and sanctity of life since after committing rape in an inhumane manner, the victim was murdered horrendously. The Court found that the case has far-reaching consequences since it creates fear and also vulnerability amongst women.

Case : MUHAMMED AMEER-UL-ISLAM vs STATE OF KERALA | SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 30957/2024

Click here to read the order