New Delhi [India], April 28 (ANI): The Supreme Court reserved the judgement on a petition of a death row convict challenging the Karnataka High Court order which dismissed his plea challenging the executability of his death sentence, pursuant to the rejection of his mercy petition filed before the President.
The convict has claimed to be kept in solitary confinement right from the decision of the Sessions Court awarding him the death sentence.
A bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Pamidighantam Sri Narasimha reserved the order on convict BA Umesh’s plea.
According to advocate Yug Mohit Chaudhry, appearing for the petitioner, the petitioner was kept in solitary confinement right from the decision of the Sessions Court awarding him a death sentence.
A case was registered against Umesh on February 28, 1998 by Peenya Police under Sections 376 (rape) 302 (murder) and 392 of the Indian Penal Code. On October 27, 2006 the Sessions Court passed the sentence of death against the petitioner. On February 18. 2009 Karnataka High Court supported the imposition of the death sentence. On February 1, 2011, the Supreme Court dismissed the petitioner’s appeal and upheld the sentence of the death penalty passed on the petitioner.
On February 8, 2011, the petitioner’s mother filed a mercy petition before the President, which was rejected on May 12, 2013.
Counsel of the petitioner had argued before Karnataka High Court that there has been an excessive and unexplained delay of 2 years and 3 months and 7 days, that is 827 days, in
adjudicating the mercy petition thereby causing unnecessary and avoidable pain, suffering, and mental torment which is in violation of Article 21 of the Constitution of India.
Karnataka Government has opposed the submission that the accused has been kept in solitary confinement in jail. (ANI)