The Supreme Court on Monday issued notice to the Kerala government on a petition by Muhammed Ameer-Ul-Islam, the sole convict sentenced to death in the 2016 Perumbavoor rape and murder of a Dalit law student, seeking transfer from Viyyur Central Prison in Kerala to a prison in Assam.
Bench questions Assam consent, government permission
A bench comprising Justices Dipankar Datta and Sheel Nagu asked the Kerala government to file its response to the transfer application. The court raised the procedural issue of whether Assam had given its consent to receive the prisoner if Kerala agreed to the transfer.
The convict's counsel argued that a prisoner under a death sentence cannot ordinarily be transferred without special permission from the government, pointing out an exception only where the prisoner's presence is required before a court. The counsel said those proceedings had already concluded, noting that the Kerala High Court had confirmed the death sentence.
Law officers appearing for Assam told the bench that the state would consider the request only if Kerala permitted the transfer. The apex court recorded these positions and issued notice to the Kerala government, directing it to file a formal response.
Case background and legal context
Ameer-Ul-Islam is the only person convicted and sentenced to death in the Perumbavoor case of 2016 involving the rape and murder of a Dalit law student. The matter has attracted attention for both its gravity and the procedural questions that arise when a death-sentenced prisoner seeks inter-state transfer to be nearer family.
Under prison transfer rules, transfers of prisoners between states typically require the consent of the receiving state as well as the authorisation of the sending state's government. The Supreme Court's query regarding Assam's assent highlights the two-step character of such transfers: administrative approval at state level followed by any judicial scrutiny where necessary.
- Prisoner: Muhammed Ameer-Ul-Islam
- Current detention: Viyyur Central Prison, Kerala
- Relatives' residence: Assam (wife and aged parents)
- Charge/conviction: Rape and murder of a Dalit law student, Perumbavoor, 2016
- Judicial status: Death sentence confirmed by Kerala High Court
| Event | Detail |
|---|---|
| Crime | 2016 Perumbavoor rape and murder of a Dalit law student |
| Conviction | Only convict sentenced to death in the case |
| Current petition | Application for transfer from Kerala to Assam |
| Supreme Court action | Notice issued to Kerala government; question on Assam's consent raised |
Practical implications and next steps
The Supreme Court's notice requires the Kerala government to set out its position on the transfer request. The question of Assam's consent will be material: the state's counsel indicated Assam will consider the application only after Kerala's permission is secured. Until Kerala files a response, the court cannot proceed to examine the merits of the transfer petition.
Transfer applications in cases involving capital sentences raise sensitive administrative and legal issues. Authorities must balance custodial management and security considerations with the humanitarian aspects of allowing a prisoner to be nearer family. The Supreme Court's intervention is procedural at this stage, focused on obtaining state responses and clarifying inter-state consent.
With the notice issued, the case will return to the apex court for further directions after the Kerala government files its response and Assam indicates its position on receiving the prisoner. Observers note that such matters often involve separate executive approvals beyond judicial sanction, and the court will be able to proceed only after those state-level views are placed on record.
The matter remains live before the Supreme Court.
