Supreme Court Issues Notice On Plea Of 84-Year-Old Self-Styled Godman Seeking Review Of Life Sentence For Wife's Murder

The Supreme Court today issued notice on a review petition filed by Swami Shraddhanand alias Murali Manohar Mishra, seeking reconsideration of a judgment which imposed on him a life sentence (without remission) for the murder of his wife Shakereh Khaleeli (granddaughter of Dewan of Mysore, Sir Mirza Ismail).

The 84-yr-old self-styled godman has been in jail since about 30 years and claims that he is suffering from health issues. The trial Court and the High Court had sentenced him to death but the sentence was commuted by the Supreme Court in 2008 to one of imprisonment until death. 

The matter was before a bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan, which condoned the delay of about 12 years in filing of the review, taking into account the factum of Shraddhanand's incarceration.

Be that as it may, the bench dismissed a writ petition filed by Shraddhanand seeking parole, noting that another writ petition seeking similar relief was filed by him in 2014 and withdrawn last year. Apparently, this plea also sought a stay on the streaming of Amazon Prime's docuseries 'Dancing on the Grave', pertaining to Khaleeli's murder.

Counsel appearing for Shraddhanand argued inter-alia that the sentence imposed on him was in some terms worse than a death sentence, considering it precluded him from seeing the light of day until his death. What is the purpose of the state infusing funds to maintain him in jail if he is never to come out, the counsel asked.

Claiming that nothing adverse had been reported against Shraddhanand since his sentencing, and that he had won 5 best qaidi (prisoner) awards, it was underlined that the question before the Court was whether he was the same person as the one who was convicted and sentenced to life imprisonment, or had undergone reform.

Relying on Articles 14, 19 and 21 of the Constitution as well as Section 432 CrPC, the counsel stressed that the sentence imposed took away Shraddhanand's right as a convict to apply for parole and furlough.

Senior Advocate Sanjay Hegde, appeared on behalf of one of the daughters of the deceased (from her first marriage) and objected to the prayers and arguments made on behalf of Shraddhanand.

After hearing the matter at length, the bench issued notice and asked governments of Madhya Pradesh and Karnataka to file their replies.

Background

After ending her first marriage of 21 years, Shakereh Khaleeli got married to Shraddhanand in the year 1986. Sometime between April-May, 1994, she disappeared. In June, one of her daughters from the first marriage filed a missing persons complaint in Bangalore.

After 3 years, in 1994, the police found Khaleeli buried in her Bangalore house. Investigation revealed that she was drugged and buried alive by Shraddhanand, after she executed a general power of attorney and will in his favor.

Shraddhanand was arrested in 1994. In 2000, he was convicted by a Karnataka court and sentenced to death. The Karnataka High Court upheld the death sentence in 2005.

Initially when Shraddhanand appealed to the Supreme Court, a split verdict came to be delivered in 2007. The matter was referred to a larger bench and the same led to commuting of his death sentence in 2008 to a sentence of imprisonment until death.

Some time later, a true-crime docuseries on Amazon Prime viz. 'Dancing on the Grave' was objected to by Shraddhanand. In 2023, his writ petition seeking inter-alia the relief of parole was declined to be entertained by the top Court and ultimately withdrawn.

Case Title:

(1) SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRA Versus UNION OF INDIA AND ORS. (Writ Petition)

(2) SWAMY SHRADDANANDA@MURALI MONAHAR MISHRA Versus STATE OF KARNATAKA (Review Petition)

Click Here To Read/Download Order (Writ Petition)