Kerala law student rape and murder: Supreme Court seeks State's response on plea to transfer death-row convict to Assam

The Supreme Court on Monday sought the State of Kerala's response to a plea by death-row convict Muhammed Ameer-Ul-Islam seeking transfer from a Kerala jail to an Assam prison to be closer to his family [Muhammed Ameer Ul Islam v The State of Kerala & Ors.].

Ameer-Ul-Islam is the sole convict sentenced to death for the 2016 rape and murder of a Dalit law student in Kerala's Perumbavoor.

A Bench of Justice Dipankar Datta and Justice Sheel Nagu was hearing his plea seeking his transfer from Viyyur Central Prison in Kerala to a jail in Assam, where his wife and aged parents reside.

Senior Advocate Rebecca John, appearing for Ameer-Ul-Islam, referred to Section 3 of the Transfer of Prisoners Act. She submitted that a prisoner sentenced to death cannot ordinarily be transferred without special permission from the government, except in circumstances where the prisoner's presence is required before a court.

John submitted that the proceedings referred to in the provision had already concluded, pointing out that the Kerala High Court had confirmed the death sentence.

"As an ordinary rule, prisoners shall not be transferred until the expiry of the appeal or until the result of the appeal is known," submitted John, adding that this stage too had passed.

The Court, however, questioned whether Assam has consented to the proposed transfer.

"Where is the consent of Assam?" asked Justice Datta.

John submitted that Assam is yet to consider the issue since it would decide on the request only after Kerala permits the transfer.

The counsel appearing for Assam also told the Court that the State would consider the request if Kerala allows the transfer.

The Court also questioned John about an amendment to the petition challenging the constitutional validity of Section 587, which restricts the transfer of prisoners, particularly those sentenced to death.

John said the provision had been challenged subsequently, though not in the original petition.

The Court then asked her to point out the amended prayers reflecting this challenge.

The Court subsequently asked the Kerala government whether it had filed a response to the application seeking to amend the petition.

The counsel for Kerala said he was not aware of the amendment.

The Court then directed the State of Kerala to file its counter affidavit to the application for amendment of the petition and issued notice.

A Dalit law student at Government Law College, Ernakulam, was raped and murdered at her home in Perumbavoor on April 28, 2016.

Her mutilated body was found at the residence, triggering widespread outrage and protests across Kerala.

Ameer-Ul-Islam, a migrant worker from Assam, was arrested in Tamil Nadu in July 2016. The trial court convicted him in December 2017, relying substantially on DNA evidence and witness testimony, and sentenced him to death.

The Kerala High Court subsequently confirmed the death sentence.

In July 2024, the Supreme Court stayed the death sentence.

Ameer-Ul-Islam then approached the Supreme Court seeking transfer from Viyyur Central Prison in Kerala to a prison in Assam, where his wife and aged parents live.

His plea states that his family is extremely poor and unable to travel to Kerala to meet him.

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