Now Reading: SC seeks Kerala’s reply on death-row convict’s transfer to Assam
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SC seeks Kerala’s reply on death-row convict’s transfer to Assam
The Supreme Court on Monday asked the Kerala government to respond to a plea by death-row convict Muhammed Ameer-Ul-Islam, who wants to be transferred from a Kerala prison to an Assam jail…
The Supreme Court on Monday asked the Kerala government to respond to a plea by death-row convict Muhammed Ameer-Ul-Islam, who wants to be transferred from a Kerala prison to an Assam jail to be nearer his family. A bench of Justices Dipankar Datta and Sheel Nagu issued notice after senior advocate Rebecca John argued that the convict's appeal stage had ended and his family is too poor to travel from Assam to Kerala.
Ameer-Ul-Islam is the sole convict sentenced to death for the 2016 rape and murder of a Dalit law student in Perumbavoor. The Kerala High Court confirmed the sentence, and the Supreme Court stayed his execution in July 2024. His plea cited Section 3 of the Transfer of Prisoners Act, which bars moving death-row convicts without special permission or a court order. The court also asked whether Assam has consented to the transfer, Assam's counsel said it would consider the request if Kerala first permits it.
The court directed Kerala to file a counter affidavit on the convict's application to amend his petition to challenge the constitutional validity of Section 587, which restricts prisoner transfers. The case will be heard next after Kerala's response is filed.
Indian Opinion Analysis
Section 3 of the Transfer of Prisoners Act 1950 generally bars moving a death-row convict unless a court orders it or the receiving state consents. Here, Assam has not yet formally agreed, and the Supreme Court is forcing Kerala to file a response first. The convict, Muhammed Ameer-Ul-Islam, is an Assamese migrant worker whose family cannot afford to travel to Kerala. The underlying case, the 2016 rape and murder of a Dalit law student, already triggered nationwide protests over caste and gender violence. The Supreme Court stayed his execution in July 2024, keeping the appeal alive. The next step is Kerala's counter affidavit, if filed, the court will then decide both the transfer and the constitutional challenge to Section 587, which could set a precedent for other death-row prisoners wanting to be closer to family.
Source: barandbench.com
This story was synthesised by AI from the source linked above.
