New Delhi: The Supreme Court asked the Kerala government to consider amending a prison rule that currently restricts the transfer of death row convicts to prisons in other states. The case was filed by Muhammed Ameer Ul Islam, who is on death row in the 2016 Perumbavoor law student rape and murder case and wants to be transferred from Kerala to his home state of Assam.
The court also directed the Kerala Government to file a counter-affidavit and explain its position on the matter. The observations were made by a Bench of Justice Dipankar Datta and Justice Sheel Nagu.
Details of Supreme Court Inter-State Transfer Of Death Row Convict Ruling
During the hearing, the Bench examined the Kerala Prisons and Correctional Services (Management) Rules, 2010. The judges questioned Rule 587, which restricts the transfer of prisoners sentenced to death to prisons outside the state. The court indicated that the rule may conflict with the Transfer of Prisoners Act, 1950, a central law governing prisoner transfers.
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Supreme Court Inter-State Transfer Of Death Row Convict Ruling: Court Suggests Amendment To Avoid Legal Challenge
Justice Dipankar Datta suggested that Kerala may consider amending the prison rule. The court cautioned that if the rule is found inconsistent with central legislation, it could face legal scrutiny and may be struck down in future proceedings. According to reports from the hearing, the Bench advised the State to review the rule carefully.
What Is The Case About?
The petition was filed by Muhammed Ameer Ul Islam, a migrant worker from Assam. He was convicted in the rape and murder of a law student in Perumbavoor, Kerala, in 2016. A trial court awarded him the death penalty in 2017, and the Kerala High Court confirmed the sentence in 2024. The petitioner wants to be transferred from a prison in Kerala to a prison in Assam so that his family can meet him more easily.
Why Is The Transfer Being Sought?
The petition argues that the convict’s family is living in poverty and faces major difficulties travelling from Assam to Kerala. According to the plea, this situation affects the prisoner’s right to maintain family contact, especially after the death sentence has been confirmed. The petition also refers to constitutional protections under Articles 20 and 21 and principles of humane treatment of prisoners.
Supreme Court Inter-State Transfer Of Death Row Convict Ruling: Debate Over Transfer Of Prisoners Act, 1950
Senior Advocate Rebecca John, appearing for the petitioner, relied on provisions of the Transfer of Prisoners Act, 1950. She argued that once the trial and appellate proceedings are over, there is no absolute legal bar preventing the transfer of a death row convict if statutory conditions are satisfied. The court also raised questions regarding the consent of the receiving state, Assam.
Supreme Court Inter-State Transfer Of Death Row Convict Ruling: Kerala Rule Vs Central Law
The petition challenges Kerala’s prison rules on the ground that subordinate rules cannot override a central statute. The petitioner contends that if the Transfer of Prisoners Act permits transfers, a state rule cannot completely prohibit them. This legal question is now at the center of the dispute before the Supreme Court.
Background Of The Perumbavoor Law Student Murder Case
The case relates to the brutal rape and murder of a law student in Perumbavoor, Kerala, in 2016. The victim was pursuing her LLB studies and lived with her mother. The crime attracted nationwide attention and led to a lengthy investigation and trial.
The Ernakulam Principal Sessions Court found Muhammed Ameer Ul Islam guilty under several provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was sentenced to death, and the sentence was later confirmed by the Kerala High Court.
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FAQs
Muhammed Ameer Ul Islam is the convict sentenced to death in the 2016 Perumbavoor law student rape and murder case in Kerala.
The Supreme Court questioned whether Kerala’s prison rule restricting inter-state transfer of death row convicts is consistent with the Transfer of Prisoners Act, 1950, and suggested that the State consider amending it.
The convict seeks transfer to Assam, his home state, because his family faces financial difficulties in travelling to Kerala for prison visits.
