‘30-yr jail without remission worse than capital punishment’: Plea in SC

The top court refused Shraddhananda’s request that he be allowed to decide his jail sentence.
‘30-yr jail without remission worse than capital punishment’: Plea in SC
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NEW DELHI: Desperately pleading for release, Swami Shraddhananda —serving 30 years jail sentence without remission for killing his wife—on Wednesday told the Supreme Court that the imprisonment till his biological death awarded to him is far worse than the capital punishment.

“You want your jail sentence to be changed to hanging,” a surprised court asked him. A bench headed by Justice B R Gavai was hearing a review petition filed by 84-year-old Shraddhananda 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).

Although Justice Gavai refused his writ petition seeking release from jail, he agreed to hear his separate plea seeking review of the apex court’s July 2008 verdict, which had directed that he be imprisoned for the rest of his life.

The top court refused Shraddhananda’s request that he be allowed to decide his jail sentence. “It is not a convict’s right to decide his or her jail sentence,” the apex court said.

Shraddananda sought relief from the top court because he has been in “continuous incarceration” without any parole or remission so far with no adverse reports against him during his stay in jail. He claimed that he is suffering from health issues and should be released.

The trial court and the High Court had sentenced him to death, but in 2008, the Supreme Court commuted it to imprisonment until death.

Shraddhanand, seeking a direction for his release, said that the sentence imposed on him was, in some terms, worse than a death sentence. What is the purpose of the state infusing funds to keep him in jail if he never comes out? The apex court issued notice to respondents on Shraddananda’s plea and decided to hear the matter later.

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