SC reserves order on plea of death row convict, who claims to be kept in solitary confinement
Apr 27, 2022
New Delhi [India], April 27 : The Supreme Court has reserved its judgement on the plea of a death row convict, who has claimed to be kept in solitary confinement right from the decision of the Sessions Court awarding him a death sentence, challenging the Karnataka High Court order.
A bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Pamidighantam Sri Narasimha reserved the order on convict BA Umesh's plea.
Advocate appearing for the petitioner, Yug Mohit Chaudhry, said that the petitioner was kept in solitary confinement right from the decision of the Sessions Court awarding him a death sentence.
BA Umesh has moved the Supreme Court against the Karnataka High Court order, which dismissed his plea challenging the executability of his death sentence, pursuant to the rejection of his mercy petition filed before the President.
A case was registered against Umesh on February 28, 1998, by Peenya Police under Sections 376 (rape) 302 (murder) and 392 of the Indian Penal Code.
On October 27, 2006, the Sessions Court passed a sentence of death against the petitioner.
On February 18, 2009, Karnataka High Court supported the imposition of a death sentence.
On February 1, 2011, the Apex Court dismissed the petitioner's appeal and upheld the sentence of the death penalty passed on the petitioner.
On February 8, 2011, the petitioner's mother filed a mercy petition before the President, which was rejected on May 12, 2013.
Counsel of the petitioner has argued before Karnataka HC that there has been an excessive and unexplained delay of two years three months and seven days, that is 827 days, in adjudicating the mercy petition thereby causing unnecessary and avoidable pain, suffering, mental torment which is in violation of Article 21 of Constitution of India.
Karnataka Government has opposed the submission that the accused has been kept in solitary confinement in jail.
