The Supreme Court of India has requested the State of Kerala to respond to a petition filed by death-row inmate Muhammed Ameer-Ul-Islam, who seeks to be transferred from a Kerala prison to an Assam facility. This request is made in order to be closer to his family, who reside in Assam. The case, Muhammed Ameer Ul Islam v The State of Kerala & Ors., involves Ameer-Ul-Islam, who was convicted and sentenced to death for the 2016 rape and murder of a Dalit law student in Perumbavoor, Kerala.
During the hearing, a bench consisting of Justice Dipankar Datta and Justice Sheel Nagu examined the plea, which sought the convict’s transfer from Viyyur Central Prison in Kerala to a jail in Assam. Senior Advocate Rebecca John, representing Ameer-Ul-Islam, referenced Section 3 of the Transfer of Prisoners Act. She argued that typically, a death-row prisoner cannot be relocated without explicit government approval, unless the prisoner’s presence is mandated by a court.
John highlighted that the necessary legal proceedings had concluded, with the Kerala High Court affirming the death sentence. She asserted that the transfer should be permissible as “the appeal stage has passed.” However, the bench raised concerns regarding Assam’s agreement to the transfer, with Justice Datta inquiring, “Where is the consent of Assam?”
John clarified that Assam’s decision would follow only after Kerala granted permission. Similarly, Assam’s counsel indicated willingness to consider the transfer if Kerala approved it first.
The Court also addressed an amendment in the petition that questions the constitutional validity of Section 587, which limits prisoner transfers, especially for those sentenced to death. John noted that this provision was challenged later and not in the original petition. The Court requested clarification on the amended prayers and asked the Kerala government to submit a counter affidavit regarding the petition’s amendment.
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The case dates back to April 28, 2016, when a Dalit law student from Government Law College, Ernakulam, was brutally raped and murdered in her Perumbavoor home. Her death incited widespread protests across Kerala. Ameer-Ul-Islam, a migrant worker from Assam, was apprehended in Tamil Nadu in July 2016. He was convicted in December 2017, with the trial court heavily relying on DNA evidence and witness accounts, leading to a death sentence. This was later upheld by the Kerala High Court. In July 2024, the Supreme Court stayed the execution.
Ameer-Ul-Islam’s transfer plea emphasizes his family’s dire financial situation, which prevents them from traveling to Kerala for visits. This plea is currently under consideration by the Supreme Court.
