The Supreme Court has passed an interim order in the case of Muhammed Ameer-ul-Islam, staying his death sentence pending the hearing and final disposal of his appeal concerning the 2016 rape and murder of a Kerala law student.

The Bench of Justice BR Gavai, Justice Sanjay Karol, and Justice KV Viswanathan ordered, "The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal."

The Court has ordered the State of Kerala to furnish reports from all probation officers related to the appellant within eight weeks. Additionally, the Bench has directed the Superintendent of Viyyur Central Prison & Correctional Home, where Muhammed Ameerul Islam is incarcerated, to submit a report on his conduct and behavior during imprisonment within the same timeframe.

Further addressing the case, the Court has directed that the Thrissur Government Medical College be tasked with forming a team to conduct a psychological evaluation of Muhammed Ameerul Islam.

Notably, the Court has allowed Ms. Nuriya Ansari, an expert, to conduct in-person interviews with the convict in jail to prepare a fresh Mitigation Investigation Report. These interviews are to be conducted under strict confidentiality measures, ensuring no prison officials or police staff are within earshot, and audio recorders are permitted for documentation purposes. "Ms. Nuriya Ansari is granted permission to obtain documents pertaining to the appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational, or employment opportunities undertaken, etc. that the appellant may wish to submit for the purpose of sentencing information," it said.

"The Central Prison & Correctional Home, Viyyur, Kerala shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot, and audio recorders be permitted to be used to record the interviews," the Court directed.

The case pertains to the brutal death of Jisha, a student at Ernakulam Government Law College, whose body was found mutilated in her Perumbavoor residence in April 2016, sparking widespread outrage. Ameer-ul-Islam, a migrant worker from Assam, was subsequently accused and convicted by the Ernakulam Sessions Court in December 2017, sentencing him to death alongside other rigorous imprisonments.

Following an Appeal, the Kerala High Court affirmed the lower court's decision in May 2024, leading to the current appeal before the Apex Court.

Furthermore, the Court ordered, "The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Kerala, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance. All the reports shall be duly compiled and placed before this Court on the next date of hearing."

Accordingly, the Court has scheduled the hearing of the case after twelve weeks.

Cause Title: Muhammed Ameer-ul-Islam v. State of Kerala [SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s): 30957/2024]

Appearance:-

Petitioner: Advocates Shreya Rastogi, Aathma Sudhir Kumar, Maulshree Pathak (AOR)

Click here to read/download the Order


Justice BR GavaiJustice Sanjay KarolJustice KV Viswanathan

Sukriti Mishra