KOCHI: In a first in the judicial history of the state, the Kerala High Court has decided to conduct a ‘mitigation investigation’ of two convicts on death row, ahead of deciding whether to confirm the capital punishment imposed on them. The probe will cover their socioeconomic background, psychological conditions, history of neglect or abuse that they may have faced growing up and illness.
The court directed the director general of prisons to file a report on the conduct of Nino Mathew and Muhammed Ameerul Islam, death convicts in the 2014 Attingal twin murder case and 2016 Perumbavoor Jisha murder case, respectively, and the nature of work done by them in prison. The judgment may be the first to uphold guidelines issued by the Supreme Court in Manoj vs the State of Madhya Pradesh regarding mitigation investigation for death-row convicts. Nino is being held at Poojappura jail, while Muhammed is housed in Viyyur prison.
The court also cited the observation of the SC in Rajendra Pralhadrao Wasnik’s case that, “We should not forget that the criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity, notwithstanding his crime.” A division bench, comprising justices Alexander Thomas and C Jayachandran, issued the order when the case for death sentence references of the convicts came up for hearing.
HC asks jail authorities to facilitate investigation
The counsel for the convicts requested the mitigative investigation in view of the Supreme Court rulings. The HC also considered the opinion of amici curiae -- advocates Sai Pooja and Mitha Sudheendran. The order said that when the sessions court passes a death sentence, the proceedings shall be submitted to the HC concerned and the sentence shall not be executed unless it is confirmed by it.
“If the study process is commenced only after the conviction is affirmed at the appellate stage, then there will be serious issues and delay if the said exercise is to be carried out meaningfully and effectively thereafter. This will lead to the position that the convict, who was awarded the death sentence by the trial court, will face more anxious and agonising time, and for all purposes, he may experience a sword of Damocles hanging over his head, guessing with great tension, as to whether the death sentence awarded by the trial court will be confirmed by the High Court or would be commuted to the life sentence,” the bench said. Project 39A of the New Delhibased National Law University (NLU), whose services have been frequently availed by the Supreme Court, had expressed willingness to conduct the investigation.
Accordingly, the court appointed C P Sruthy, who is associated with Project 39A, to assess the details of Nino by visiting him in prison and conducting interviews. Jail authorities should ensure that she is enabled to conduct such assessments, including interviews, etc, on a confidential basis and proper facilities in that regard shall be made available by the jail authorities concerned, the bench said. Nooriya Ansari will conduct the investigation into Ameer-ul Islam.
The duo have also been cleared to obtain documents and other materials pertaining to the convicts, including medical records, jail conduct, certificates of educational, vocational or employment opportunities undertaken, etc.
The court directed them to file the report in a sealed cover. It further directed the state government to ensure that both the convicts are subjected to assessment by two separate psychiatrists of government medical college hospitals concerned and also by a clinical psychologist in government service.
Jisha murder
Attingal twin murder