SC Refuses To Entertain Plea Of Swamy Shraddananda Against Life In Jail Verdict

Swamy Shraddananda's appeal against the HC order came up before the SC, which unanimously upheld his conviction but differed on his sentence.

New Delhi: The Supreme Court on Wednesday refused to entertain a plea filed by Swamy Shraddananda, currently undergoing imprisonment for killing his wife, seeking a review of the verdict, which directed he should remain in prison for the rest of his life.

A bench of Justices B R Gavai, P K Mishra and K V Viswanathan heard his counsel, who argued that a part of the verdict denying the release of his client from prison for the rest of his life, violated his fundamental rights under Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution.

"You may argue that on facts it is not justified. But as a sentence, this can be imposed, is upheld now by five judges," observed the bench. Shraddananda, 84, alias Murali Manohar Mishra, whose wife was the grand-daughter of a former Dewan of the princely state of Mysore, had sought a review of the July 2008 verdict of a three-judge bench of the apex court.

The top court went on to add that the Constitution bench held exercise of powers by the President under Article 72 and by the Governor under Article 161 were available despite the court imposing a sentence of life up to death as a substitute for the death penalty. Articles 72 and 161 of the Constitution deal with the power of the President and the Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

The apex court noted it had been informed by the lawyers appearing for the state of Karnataka and the complainant that Shraddananda had already made a representation to the President. "In that view of the matter, we do not find that any interference is warranted in the present proceedings," the bench said. On September 11, the apex court had dismissed a separate writ petition filed by Shraddananda seeking release from jail.

He had sought relief contending that he was in "continuous incarceration" without any parole or remission and nothing adverse was reported against him during his stay in jail. Shakereh, the wife of Shraddananda, was the granddaughter of Sir Mirza Ismail, a former dewan of the erstwhile princely state of Mysore.

Shraddananda and Shakereh married in April 1986 and she suddenly disappeared in May 1991, the apex court noted in its July 2008 verdict. It had also noted in March 1994, the Central Crime Branch, Bengaluru, took over the investigation of the complaint about "missing" Shakereh and under intense interrogation, Shraddananda broke down and owned up to having killed her.

Her body was exhumed and Shraddananda was arrested in the case. A trial court had in 2005 convicted Shraddananda and sentenced him to death. In September 2005, the Karnataka High Court had confirmed the conviction and the death sentence awarded to him.

Shraddananda's appeal against the high court order came up before a two-judge bench of the apex court, which unanimously upheld his conviction but differed on his sentence. While one of the judges said he should not be released from prison till the end of his life, the other judge said he deserved nothing but death.

The matter then came up before a three-judge bench which delivered its verdict on July 22, 2008. "We accordingly substitute the death sentence given to the appellant by the trial court and confirmed by the high court by imprisonment for life and direct that he shall not be released from prison till the rest of his life," the bench had said.