New Delhi: The Supreme Court on Wednesday agreed to examine a plea of Swamy Shraddananda, who has been in prison for 30 years, seeking a review of the apex court's July 2008 verdict which directed that he should not be released from prison till rest of his life.
Shraddananda, 84, alias Murali Manohar Mishra, was convicted for killing his wife, who was the grand-daughter of a former Dewan of the princely state of Mysore.
A bench led by Justice B R Gavai, which dismissed his writ petition seeking release from jail, however, agreed to hear his separate plea seeking review of the apex court's July 2008 verdict which had directed that he shall not be released from prison till rest of his life.
The petitioner’s counsel contended that he has been in continuous incarceration without any parole or remission and nothing adverse has been reported against him during the period of his incarceration.
The petitioner’s counsel cited orders directing the premature release of some convicts who were serving life terms in the former Prime Minister Rajiv Gandhi assassination case. The counsel emphasised that his client was 84 years old and he was in 30 years of continuous incarceration.
"It may be worse than the death sentence", said the counsel, adding that it was more of torture. During the hearing, the counsel argued that even a death penalty could be better than this kind of life imprisonment.
"You want this to be changed to hanging?" asked the bench, also comprising Justices P K Mishra and K V Viswanathan.
At this juncture, the counsel said if possible hanging could be a better situation for the convict as on date and clarified that he has not discussed this aspect with his client. Another counsel, representing the petitioner, said conviction in this case was based on judicial confession.
The bench noted that his conviction was already upheld by the Karnataka High Court as well as the apex court. "No accused can have a right on conviction to ask for a death sentence. You can't take your own life. Attempt itself is an offence. So you can't say the court will have to impose. The court will impose the appropriate sentence," the bench said.
The counsel argued that the sentence imposed by the apex court blocks Shraddananda's right to apply for premature release under Section 432 of the Code of Criminal Procedure.
The counsel said furlough and parole were granted even to convicts in the Rajiv Gandhi assassination case but Shraddananda was not entitled to that also.
After a detailed hearing in the matter, the apex court agreed to hear his review plea and sought responses from the state of Karnataka and others. The apex court has scheduled the matter for hearing after four weeks.
