Supreme Court Seeks Kerala's Response on Death Row Convict's Transfer Plea

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.Justices Dipankar Datta and Sheel NaguSenior 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.Senior Advocate Rebecca JohnThe 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 t