Shraddananda virtually seeking direction to Prez to decide mercy plea: Centre to SC

New Delhi: The Centre on Friday informed the Supreme Court that the plea of Swamy Shraddananda, jailed for over 30 years for the murder of his wife, has virtually sought a direction to the President to decide his mercy petition.

A bench of Justices B R Gavai and Augustine George Masih was hearing a petition filed by 84-year-old Shraddananda alias Murali Manohar Mishra seeking a direction to the authorities to decide his mercy plea filed before the President in December, 2023.

Additional solicitor general K M Nataraj, appearing for the Centre, sought to get instructions on the plea and said, "However, the prayer is virtually seeking a direction to the President to do it. Whether such a prayer could be considered at all? Kindly see the prayer." Advocate Varun Thakur, appearing for Shraddananda, said the petitioner was in jail for over 30 years and was suffering from ailments.

"You (Shraddananda) must thank this court that you were saved that time," the bench said and posted the hearing after two weeks.

In July 2008, a three-judge bench of the apex court commuted Shraddananda's death penalty to imprisonment for life and directed he won't be released from prison in his lifetime.

In October last year, the apex court refused to entertain his plea seeking a review of the top court's verdict barring his release from prison for the rest of his life.

Shraddananda, whose wife Shakereh was the grand-daughter of Sir Mirza Ismail, a former dewan of the princely state of Mysore, had sought a review of the July 2008 verdict.

The couple married in April, 1986, but Shakereh suddenly disappeared in May 1991, the apex court noted in its July 2008 verdict.

It said in March 1994, the central crime branch, Bengaluru, took over the investigation on a missing complaint on Shakereh and Shraddananda confessed to have killed her.

In his fresh plea filed in the apex court, Shraddananda referred to the assassination case of former prime minister Rajiv Gandhi and said the convicts got parole and furlough during the incarceration and were eventually freed after 27 years of imprisonment.

The plea referred to the October 23 last year order passed by the apex court on Shraddananda's review petition.

It said the top court had noted that a Constitution bench held the exercise of powers by the President under Article 72 and by the Governor under Article 161 were available despite the court imposing a sentence of life up to death as a substitute for death penalty.

Articles 72 and 161 of the Constitution deal with the power of the President and the Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

Shraddananda said he filed a mercy petition before the President in December 2023, which was pending for consideration.

"The petitioner is in jail since 30 years without single day parole or without any remission," the plea said and sought a direction to the respondent authorities to decide his mercy petition.

A trial court in 2005 convicted Shraddananda and sentenced him to death following which the Karnataka High Court confirmed the punishment in September the same year.

His appeal against the high court order came up before a two-judge bench of the apex court, which unanimously upheld his conviction but differed on sentencing.

While one of the judges said he should not be released from prison till the end of his life, the other judge said he deserved nothing but death.

On July 22, 2008, however a three-judge bench substituted the death penalty with imprisonment for life and directed he should not be released from prison for the rest of his life.