16 July 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law  

The Supreme Court has granted leave in the matter of Muhammed Ameer-Ul-Islam v/s State of Kerala to appeal concerning a death sentence upheld by the Kerala High Court. The case, originating from the judgment dated May 20, 2024, involves DSR No. 2 of 2018 along with Criminal Appeal No. 113 of 2018. The High Court had confirmed the conviction and death penalty imposed on the accused-appellant by the Trial Court.

In a significant ruling, the Court has stayed the execution of the death sentence while the appeal is pending. Additionally, it has ordered the summoning of the original case records from both the Trial Court and the High Court, ensuring that translated copies are made available to the parties involved.

In alignment with its previous directives regarding capital punishment cases, the Court has set forth several critical instructions:

1. Probation Reports: The respondent-State is required to submit reports from all relevant Probation Officers concerning the appellant within eight weeks.

2. Prison Conduct Report: The Superintendent of the Central Prison & Correctional Home in Viyyur, Kerala, must provide a report detailing the appellant's work and behavior during incarceration within the same timeframe.

3. Psychological Evaluation: A designated team from Government Medical College, Thrissur, is to carry out a psychological evaluation of the appellant. The findings are to be presented to the Court through the State’s Standing Counsel within eight weeks.

4. Access for Mitigation Investigation: Ms. Nuriya Ansari has been authorized to conduct multiple in-person interviews with the appellant. These interviews are aimed at gathering information pertinent to sentencing and must be completed within twelve weeks. The interviews are to be held in a confidential setting, free from the presence of prison officials or police.

5. Translation Assistance: A person nominated by Ms. Ansari will be allowed to accompany her for translation during the interviews.

6. Document Acquisition: Ms. Ansari is also permitted to collect various documents related to the appellant, including medical records and certificates of any educational or vocational programs the appellant has participated in.

The Supreme Court has directed its Registry to communicate this order to the Standing Counsel for the State of Kerala, ensuring that all relevant authorities comply with the directives. It has been instructed that all compiled reports be submitted to the Court on the next hearing date, set for twelve weeks from now.

Additionally, counsel for both parties are asked to assist the Registry in organizing the case records for clarity and efficiency. This comprehensive approach underscores the Court’s commitment to ensuring a thorough and fair evaluation in matters involving capital punishment.