Mental illness of death row convicts ground to spare them from gallows: Supreme Court
New Delhi: In a historic verdict, the Supreme Court has given a ray of hope to people on death row who develop "severe mental illness" post-conviction, saying their health condition would now be a "mitigating" factor for appellate courts for sparing them from the gallows.
An accused could till now take the plea of "legal insanity" under the Indian Penal Code (IPC) to avoid criminal prosecution and the defence was "made relatable to the moment when the crime is committed".
A three-judge bench headed by Justice N V Ramana spared a condemned prisoner, who has not been identified in the verdict owing to his mental condition.
He was given death penalty in a barbaric rape and murder of two minor cousins in Maharashtra in 1999.
It, however, took note of "barbaric and brutal manner of commission of the crime" and awarded the jail term to the convict for "remainder of his life" with the direction to the government to ensure proper mental health care to him.
The bench, also comprising Justices M M Shantanagoudar and Indira Banerjee, was faced with "complex questions" concerning the relationship between mental illness and crime and as to how "culpability" of a convict can be assessed if he develops mental condition after the court finds him guilty.
Delineating directions to be followed by appellate courts on sentencing mentally-ill accused, the bench said: "The post- conviction severe mental illness will be a mitigating factor that the appellate Court, in appropriate cases, needs to consider while sentencing an accused to death penalty.
"The assessment of such disability should be conducted by a multi- disciplinary team of qualified professionals (experienced medical practitioners, criminologists etc), including professional with expertise in accused person's particular mental illness."
To prevent misuse of the directions, the top court said the burden would be on the accused to prove "by a preponderance of clear evidence" that he is suffering with severe mental illness.
"The accused has to demonstrate active, residual or prodromal symptoms, that the severe mental disability was manifesting," it said.
The court said that the state government would be at liberty to "offer evidence to rebut such claim" of insanity or mental illness.
The court in appropriate cases could set up a panel to submit an expert report on the claim of mental illness of convicts, it said.
" Test of severity' envisaged...predicates that the offender needs to have a severe mental illness or disability, which simply means that objectively the illness needs to be most serious that the accused cannot understand or comprehend the nature and purpose behind the imposition of such punishment," it said.
To understand the phenomenon of post-conviction mental illness, the bench took note of the reports of the World Health Organisation and the International Red Cross. "It is well acknowledged fact throughout the world that, prisons are difficult places to be in."
There are multiple circumstances such as overcrowding, various forms of violence, enforced solitude, lack of privacy, inadequate health care facilities, concerns about family can take a toll on the mental health of the prisoners, it said.
It assessed the inclusion of post -conviction mental illness as a determining factor to hold that a case does not fall under the category of the "rarest of the rare" warranting the award of death penalty.
The mental disorders, for sparing the death row convicts from the gallows, would "generally include schizophrenia, other serious psychotic disorders, and dissociative disorders with schizophrenia.".
The convict, in the present case, was awarded death penalty by the trial court in the twin rape and murder case and both the high court and the apex court upheld the sentence.
The review plea against the apex court verdict was also rejected.
The apex court entertained the second review plea and passed the slew of directions on sentencing of convicts who develop mental conditions post convictions
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Punjab CM Mann meets President Murmu, seeks cancellation of membership of 6 RS members
Chandigarh (PTI): Chief Minister Bhagwant Mann on Tuesday met President Droupadi Murmu, demanding the termination of the membership of six Rajya Sabha MPs from Punjab who defected to the BJP and also pressed for the introduction of a constitutional provision allowing for the recall of members.
Accompanied by party MLAs and ministers, Mann visited Rashtrapati Bhavan in Delhi.
This meeting followed a significant setback for the Aam Aadmi Party (AAP) on April 24, when seven of its 10 Rajya Sabha MPs -- Raghav Chadha, Ashok Mittal, Sandeep Pathak, Harbhajan Singh, Rajendra Gupta, Vikramjit Sahney and Swati Maliwal -- quit and merged with the BJP, alleging that the party had strayed from its principles, values and core morals. Six of the seven MPs who left AAP hailed from Punjab.
After he met with the President, Mann addressed the media here, describing the departure of the seven MPs as a "murder" of the Constitution. He stated, "Seven MPs merging with another party is completely unconstitutional. I spoke to Rashtrapati ji in detail."
Mann pointed out that he told the President that the BJP holds only two MLA seats (in Punjab), yet now has six MPs in the Rajya Sabha. He questioned, "How can this be possible? Isn't it a mockery of the Constitution?
"If they are such revolutionaries at heart, then they should have resigned from their six seats. The AAP could have sent someone else," Mann said, taking a swipe at them.
He emphasised the need for a recall provision in the Constitution, referencing MP Raghav Chadha's previous demands for such a measure when members fail to meet public expectations.
"Have you lived up to the expectations of the people?" Mann challenged the MPs during his statement.
Mann also presented a letter to the President, signed by all AAP MLAs. He differentiated between the terms 'elected' and 'selected,' stating, "They were 'selected.' Therefore, their membership should be cancelled."
The President assured Mann that she would consult constitutional experts before responding.
Earlier in the day, Mann, along with party MLAs, departed for Delhi from Chandigarh.
Speaking to reporters in Chandigarh, Mann affirmed that all AAP MLAs stand united with the party. "Only I have been given time for the meeting," Mann said.
"The President is the guardian of the Constitution. She is the constitutional head of the country," he added.
Later in a post on X in Hindi, Mann said, "Our struggle to protect Punjab's rights and interests continues. Today, along with all AAP MLAs, I have left to discuss Punjab's burning issues and present the state's strong voice before the President.
As your public servant, our government remains fully committed to Punjab's prosperity and the safeguarding of the rights of every section of society."
The MLAs and ministers gathered at the chief minister's residence in the morning before heading to Delhi, carrying placards that read 'Punjab Mann De Naal' and 'Punjab's Traitors.'
The legislators left for Delhi in buses.
Mann had previously sought an appointment with the President to meet with party MLAs and demand the "recall" of the Rajya Sabha MPs who defected to the BJP. However, only Mann was given a time slot for the meeting.
