The Supreme Court has permitted a death row convict to attend the last rites and ceremonies of his deceased mother under police escort.
Vikram Singh @ Vicky Walia son of Shri Gurjinder Singh along with two others was found guilty of the offences punishable under Sections 302, 364-A and 201 read with Section 120B of the Indian Penal Code, 1860 (“IPC” for short) and was sentenced to death in respect of the offences punishable under Sections 302 and 364-A IPC in Sessions Trial No.24 of 2005 on the file of the Sessions Court, Hoshiarpur in 2005. The Supreme Court had confirmed their death sentences by dismissing their appeals in 2010 and the review petitions filed by them were dismissed in 2017.
After the Mercy Petition preferred by them got rejected,Mercy Petition preferred by said Vikram Singh @ Vicky Walia was rejected, Writ Petition No.21274 of 2016 (Q&M) was
preferred which came up for consideration before the Single Judge of the High Court, who dismissed the petition by order dated 26.07.2019, and thus he approached the Apex Court by filing an SLP.
Before the Apex Court, it was submitted that the mother of Vikram Singh @ Vicky Walia died on 13.11.2020 and some of the last rites including Bhog Ceremony are to be performed on 19.11.2020 and 21.11.2020 at Patiala and thus he be permitted to attend these ceremonies.
Ms. Jaspreet Gogia, learned Advocate appearing for the State, has submitted that in Punjab Jail Manual, there is no provision that a death convict can be released on parole and to similar effect are the submissions of Mr. Abhishek Singh, learned Advocate appearing for the family of the victim.
Ms. Jaspreet Gogia, learned Advocate however submitted that in the peculiar facts and circumstances of the case and in terms of instructions received by her, said Vikram Singh @ Vicky Walia can be afforded the permission to attend the last rites and ceremonies of his deceased mother on the relevant dates from 10.00 a.m. to 4.00 p.m., provided he is accompanied by the Police Escort all the time.
The bench comprising Justices Uday Umesh Lalit, Vineet Saran and S. Ravindra Bhat accepted this suggestion and issued the following directives:
a) Vikram Singh @ Vicky Walia, a convict in Sessions Trial No. 24 of 2005 shall be allowed to attend the last rites and ceremonies of his deceased mother on 19.11.2020 and 21.11.2020 in Police Escort;
b) the facility shall be available only from 10.00 a.m to 4.00 p.m. on the relevant dates and after 4.00 p.m., said Vikram Singh @ Vicky Walia shall be relodged in the concerned jail;
c) the facility shall be available only for the aforesaid purpose and apart from the residential address, details of which are given here, he shall not be taken to any other place. "House No.206, Street No.2, Baba Deep Singh Nagar, Patiala, Punjab."
d) utmost care shall be taken by the Police Escort on every behalf.
Case: JASBIR SINGH @ JASSA vs. STATE OF PUNJAB [SLP(Crl.) Nos.9650-9651/2019]
Coram: Justices Uday Umesh Lalit, Vineet Saran and S. Ravindra Bhat
Counsel: Sr. Adv. V. Giri, AOR Jaspreet Gogia
Read Order @Latestlaws.com
Share this Document :Picture Source :
