Supreme Court - Daily Orders
Dashwanth vs The State Of Tamil Nadu on 22 August, 2024
Bench: B.R. Gavai, Prashant Kumar Mishra
ITEM NO.106 COURT NO.3 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).3300-3301/2019
(Arising out of impugned final judgment and order dated 10-07-2018
in CRLA No. 234/2018 10-07-2018 in RT No. 1/2018 passed by the High
Court of Judicature at Madras)
DASHWANTH Petitioner(s)
VERSUS
THE STATE OF TAMIL NADU Respondent(s)
([ TO GO BEFORE THREE HON'BLE JUDGES ] [ DEATH CASE ]
IA No. 47784/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 47785/2019 - EXEMPTION FROM FILING O.T.)
Date : 22-08-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s)
Mr. Abhimanue Shrestha, AOR
Mr. Bhavesh Seth, Adv.
Mr. Pritesh Patni, Adv.
Ms. Sridevi Panikkar, Adv.
Mr. Nishant Kumar, Adv.
For Respondent(s)
Mr. D. Kumanan, AOR
Ms. Deepa S, Adv.
Mr. Sheikh F Kalia, Adv.
Mr. Chinmay Anand Panigrahi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. These proceedings arise from the judgment and order dated 10.07.2018 of the High Court of Judicature at Madras in Crl.A. Signature Not Verified Digitally signed by Narendra Prasad No.234 of 2018 and R.T. No.1 of 2018. The High Court, vide impugned Date: 2024.08.22 17:30:57 IST Reason: judgment and order, upheld the conviction and confirmed the death 1 sentence awarded to the accused-appellant by the Trial Court.
3. The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal.
4. The original record of the case be summoned from the Trial Court and the High Court, if not already received. A copy of the translated record shall be supplied to the counsel for the parties.
5. In view of the orders passed by this Court in matters involving capital punishment, we issue the following directions:
a. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.
b. The Superintendent of Prison, Central Jail Puzhal, Tamil Nadu shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail within a period of eight (8) weeks.
c. The Head of Government Mental Health Institute, Chennai shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Tamil Nadu within a period of eight (8) weeks.
d. Ms. C.P. Shruthi is permitted to have access to the Appellant, who is presently lodged in Central Jail Puzhal, Tamil Nadu, to conduct multiple in- person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the appellant through the appellant’s Advocate-on-Record 2 within sixteen (16) weeks.
e. Direct the Central Jail Puzhal that, for the sake of confidentiality, these interviews shall be conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews.
f. Direct that a person nominated by Ms. C.P. Shruthi is permitted to accompany her to translate during the interview.
g. Grant permission to Ms. C.P. Shruthi to obtain documents pertaining to the Appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the Appellant may wish to submit for the purpose of sentencing information.
6. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Tamil Nadu, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.
7. All the reports shall be duly compiled and placed before this Court on the next date of hearing.
8. Learned counsel for the parties to assist the Registry in pagination of the record.
9. List the matter after 16 weeks.
(NARENDRA PRASAD) (ANJU KAPOOR)
DEPUTY REGISTRAR COURT MASTER
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