Supreme Court raps Uttarakhand over delay in legal aid to murder convict who developed psychosis in jail

The Supreme Court on Monday pulled up the State of Uttarakhand for systemic lapses in a 2011 murder case where the convict, now diagnosed with psychosis, has remained in prison for over 15 years [Pramod Singh vs. State of Uttarakhand].

A Bench of Justices Sanjay Karol and NK Singh directed the Uttarakhand Principal Chief Secretary to appear personally and explain why the prisoner did not receive effective legal aid and why his appeal was not filed for a decade.

The Court was hearing the case of a 37-year-old prisoner who has already spent over 15 years in jail. He was convicted in 2011 by a Champawat sessions court for allegedly assaulting his mother with a stick, causing her death. His father and wife, who tried to intervene, were also injured in the incident. He was found guilty and sentenced to imprisonment for life.

Despite being entitled to free legal aid, no steps were taken for ten years to challenge the trial court’s ruling. It was only in 2021, through the Uttarakhand Legal Services Committee, that a criminal jail appeal was filed before the High Court at Nainital. The High Court, however, declined to suspend his sentence, citing the seriousness of the charge.

Before the Supreme Court, the man’s counsel, advocate Sriram Parakkat, informed that he had since developed psychosis while in custody. The bench expressed concern over the prolonged incarceration and the denial of timely legal aid.

He submitted that the trial court had convicted him under Section 302 of the Indian Penal Code for murder, although the circumstances suggested that the offence fell within Exception 4 of Section 300, covering culpable homicide not amounting to murder. It was also argued that there was no motive or premeditation, and the prosecution case relied largely on interested witnesses.

According to the petition, the case falls squarely within the Supreme Court’s own policy directions on prolonged incarceration.

In the suo motu case of In Re: Policy Strategy for Grant of Bail (2022), the Supreme Court had said that life convicts who have served over 10 years be considered for bail, and those over 14 years be flagged for premature release, even if appeals are pending.