Ameerul Islam’s plea challenging Kerala Prison rules: SC issues notice to Kerala Government

New Delhi: The Supreme Court has issued notice to the Kerala government on a petition filed by Perumbavoor Jisha murder case convict Ameerul Islam, challenging the Kerala Prison Rules, 2014. A bench comprising Justices Dipankar Datta and Sheel Nagu issued the notice to the state government. The Supreme Court also warned that Rule 587 of the Prison Rules could be struck down if the state fails to provide an explanation.

Ameerul Islam approached the Supreme Court seeking his transfer from a prison in Kerala to one in Assam. The Supreme Court had sought the views of both Kerala and Assam on his plea. Senior advocate Rebecca John, appearing for Ameerul Islam, informed the court that while Kerala was opposing his transfer, Assam had not yet made its position clear.

The Kerala government maintains that under the 2014 Prison Rules, a prisoner sentenced to death cannot be transferred to a prison outside the state. Under Rule 587 of the Prison Rules, prisoners sentenced to death cannot be transferred from one prison to another. The state government also contends that such prisoners can be taken out of prison only on the direction of the High Court or the Sessions Court.

The state further maintains that under Rule 789, a prisoner sentenced to death cannot be transferred even while an appeal against the death sentence is pending. However, senior advocate Rebecca John told the Supreme Court that these provisions are contrary to a Central law enacted in 1950. She also informed the court that an amended petition incorporating this contention had been filed. The court subsequently issued notice to Kerala.

The state government has been directed to file its response within two weeks. The case will be taken up again after four weeks. Ameerul Islam has sought the transfer on the ground that his wife and parents are in Assam and are living in extreme poverty. He has also pointed out that they face difficulties in visiting him at Viyyur Central Prison. A petition filed by Ameerul Islam challenging his death sentence is currently pending before the Supreme Court. Standing Counsel Aljo K. Joseph appeared for the Kerala government.