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Supreme Court - Daily Orders

Abdul Nassar vs The State Of Kerala on 19 May, 2022

Bench: D.Y. Chandrachud, Surya Kant, Pamidighantam Sri Narasimha

     Crl.A.1122-1123/2018
                                                          1


     ITEM NO.1                                 COURT NO.4                            SECTION II-B

                                 S U P R E M E C O U R T O F I N D I A
                                           RECORD OF PROCEEDINGS

                                     Criminal Appeal Nos.1122-1123/2018


     ABDUL NASSAR                                                                Appellant(s)

                                                VERSUS

     THE STATE OF KERALA & ANR.                                                  Respondent(s)

     (With IA No.113587/2021 - APPLICATION FOR PERMISSION)


     Date : 19-05-2022 These matters were called on for hearing today.


     CORAM :
                                   HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                                   HON'BLE MR. JUSTICE SURYA KANT
                                   HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA


     For Appellant(s)                    Mr.   Trideep Pais, Adv.
                                         Ms.   Trisha Chandran, Adv.
                                         Ms.   Pratiksha Basarkar, Adv.
                                         Mr.   Pallav Mongia, AOR

     For Respondent(s)                   Mr. R. Basant, Sr. Adv.
                                         Mr. Nishe Rajen Shonker, AOR
                                         Mrs. Anu K. Joy, Adv.
                                         Mr. Alim Anvar, Adv.
                                         Mr. Akshay Sahay, Adv.
                                         Mr. Vimal Vijay, Adv.


                           UPON hearing the counsel the Court made the following
                                               O R D E R

1 Counsel appearing on behalf of the appellant has placed a compilation of the Signature Not Verified following orders of the three-Judge Bench presided over by Hon’ble Mr Justice Digitally signed by Chetan Kumar Uday U. Lalit on the record:

Date: 2022.05.21 12:07:29 IST Reason:
Crl.A.1122-1123/2018 2 1 SLP (Crl) Nos 6587-6588/2021 10 January 2022 2 SLP (Crl) Nos 9578-9579/2017 6 May 2022 3 SLP (Crl) Nos 5007-5008/2018 17 May 2022 4 SLP (Crl) Nos 9692-9693/2021 15 December 2021 5 Crl A Nos 1667-1668/2021 29 March 2022

2 We note from the order at serial number 3 that this Court directed the Director of the Bareilly Mental Health Hospital to constitute a suitable team for the psychological evaluation of the accused-appellant and to place a report before the Court on the next date of hearing. Similarly, in the order at serial number 4, a psychological evaluation of the petitioners was directed to be carried out by the Director of the Mental Care Hospital, District Indore.

3 The process of conducting a psychological evaluation of a convict who has been sentenced to death has to be institutionalized. We therefore, respectfully follow the course of action adopted in the orders noted in para 2 above. In the facts and circumstances of the present case, we direct the Superintendent of the Government Mental Health Centre, Thrissur to constitute a team of doctors consisting of (i) a senior Psychiatrist; and (ii) a senior Clinical Psychologist, to carry out the psychological evaluation of the appellant. The two-member team is granted permission to co-opt any other experts who would be in a position to facilitate a proper psychological evaluation being carried out of the mental health status of the appellant.

4 The report shall be placed before this Court by the next date of listing.

5 List the appeal on 20 July 2022.

              (CHETAN KUMAR)                          (RAM SUBHAG SINGH)
               A.R.-cum-P.S.                             Court Master