Landmark ruling: High Court mandates ‘mitigation investigation’ for death row convicts

The Kerala High Court Orders ‘Mitigation Investigation’ for Death Row Convicts

The Kerala High Court has issued a groundbreaking directive, ordering a “mitigation investigation” in the cases of two death row convicts involved in the Attingal twin murder case and the Perumbavoor Jisha murder case. The court aims to thoroughly examine their social, psychological, and economic backgrounds before making a decision on their capital punishment.

In response to the convicts’ death sentence references (DSRs), a bench comprising Justices Alexander Thomas and C Jayachandran has appointed independent assessors to conduct investigations. These assessors are required to submit their reports, which will be kept confidential, to the court registry.

The court intends to consider various aspects during the mitigation study, including the convicts’ age, family background (including siblings and parental protection), history of violence or neglect, present family situation (including surviving family members, marital status, and children), educational level, socio-economic background (including poverty or deprivation, if applicable), income, employment status, and more.

Notably, the court has decided not to review the reports until the issue of conviction is resolved. It has clarified that there are no legal barriers to commencing the mitigation study before the High Court begins the appellate stage of considering the conviction.

The court’s order, dated May 11, highlights the need for conducting the mitigation investigation to carefully assess the aggravating and mitigating circumstances surrounding the crimes. However, it also acknowledges that this process can lead to increased anxiety and distress for the convict, as they await confirmation of the death sentence or a potential commutation to life imprisonment.

To assist in this significant undertaking, the court has accepted the pro bono services offered by ‘Project 39A’, an expert panel from the National Law University in New Delhi, renowned for their expertise in handling cases at the Supreme Court. Additionally, the High Court has stated that the state government can also conduct its own mitigation studies in similar cases.

The Attingal twin murder case involves Nino Mathew, who was convicted for the murder of his girlfriend’s daughter, mother-in-law, and grievously injuring her husband. In the Perumbavoor Jisha murder case, Jisha was raped and murdered by Ameerul Islam, an Assam native, in 2016.