Navas, sentenced to death for political assassination, receives temporary relief due to severe health issues
In a significant ruling, the Kerala High Court has granted interim bail to Navas, a prisoner sentenced to death for his involvement in the murder of BJP State Secretary Ranjith Sreenivasan. The decision comes after a detailed evaluation of Navas's critical health condition, which has left him completely bedridden and dependent on the assistance of fellow inmates for daily activities. The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar emphasized the necessity of humane treatment for all prisoners, including those on death row, underlining the constitutional right to human dignity.
The case dates back to December 2021, when the murder of Ranjith Sreenivasan was allegedly orchestrated as part of a retaliatory conspiracy by the PFI/SDPI following the killing of their State Secretary, Mr. Shan. Navas, along with 11 others, was accused of executing the brutal attack. The trial court handed Navas a death sentence for his role in the crime, which included guarding the premises to prevent the victim's escape.
Navas's counsel argued for interim bail, presenting medical reports that described his neurological deficits and contractures, which have rendered him completely incapacitated. Despite the prosecution's strong opposition, citing the gravity of the crime and Navas's capital punishment, the High Court was persuaded by the humanitarian aspects of the case. The court referenced landmark judgments such as Sunil Batra v. Delhi Admn and Shabnam v. Union of India, which affirm the rights of prisoners to be treated with dignity and provided humane conditions irrespective of their sentences.
The court's decision mandates Navas to execute a bond for Rs. 1,00,000 with two solvent sureties, refrain from any criminal activity during the bail period, and surrender back to the prison authorities after the 30-day interim relief. This judgment highlights the judiciary's role in balancing punitive measures with constitutional rights, ensuring even those condemned to death are not stripped of their fundamental rights.
Bottom line:-
Interim bail on medical grounds - A prisoner sentenced to death retains the right to human dignity under Articles 14, 19, and 21 of the Indian Constitution.
Statutory provision(s): Articles 14, 19, and 21 of the Constitution of India, Sections 143, 147, 148, 447, and 302 read with Section 149 of the Indian Penal Code, Section 27 of the Arms Act.
Navas v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2937589
