SC reserved decision on request of death row convict, who claims being kept in solitary confinement

27 April, 2022 | Pravina Srivastava

Supreme Court National

SC has delayed its verdict on a death row convict's appeal of a Karnataka High Court order, claiming that he has been held in solitary confinement

Supreme Court has delayed its verdict on a death row convict’s appeal of a Karnataka High Court order, claiming that he has been held in solitary confinement since the Sessions Court’s decision handing him a death sentence.

The order to convict BA Umesh’s plea was reserved by a bench of Justices Uday Umesh Lalit, S Ravindra Bhat, and Pamidighantam Sri Narasimha.

However, Yug Mohit Chaudhry, an attorney for the petitioner, stated that the petitioner has been held in solitary confinement since the Sessions Court’s decision to sentence him to death.

BA Umesh has appealed to the Supreme Court against a Karnataka High Court ruling dismissing his plea challenging the excitability of his death sentence, following the President’s rejection of his mercy petition.

Peenya Police filed a case against Umesh on February 28, 1998, under Indian Penal Code Sections 376 (rape), 302 (murder), and 392 (murder).

The petitioner was sentenced to death by the Sessions Court on October 27, 2006.

Later, on February 18, 2009, the Karnataka High Court ruled in favour of the death penalty.

The petitioner’s appeal was dismissed by the Apex Court on February 1, 2011, and the petitioner’s death sentence was upheld.

The petitioner’s mother filed a mercy petition with the President on February 8, 2011, but it was denied on May 12, 2013.

Following this, petitioner’s counsel argued before the Karnataka High Court that the mercy petition was adjudicated after an excessive and unexplained delay of two years, three months, and seven days, or 827 days, causing unnecessary and avoidable pain, suffering, and mental torment, in violation of Article 21 of the Indian Constitution.

Meanwhile, Karnataka government has rejected the claim that the accused was imprisoned in solitary confinement.