PUTAI vs THE STATE OF UTTAR PRADESH - 2024-08-08

ORDER

1. The application seeking permission to allow a mitigation investigator is allowed.

2. These proceedings arise from the judgment dated 11 th October, 2018 of the High Court of Uttar Pradesh in Capital Sentence Case No. 03 of 2024 and Criminal Appeal No. 444 of 2014. The High Court, vide impugned judgment, upheld the conviction and confirmed the death sentence awarded to the accused-appellant by the Trial Court.

3. The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal.

4. The original record of the case be summoned from the High Court and the Trial Court. A copy of the translated records shall be supplied to the counsel for the parties.

5. In view of the orders passed by this Court in matters involving capital punishment, we issue the following directions:

a. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.

b. The Superintendent of Prison, District Jail, Lucknow, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail within a period of eight (8) weeks.

c. The Head of King George’s Medical University, Lucknow shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant.

The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Uttar Pradesh within a period of eight (8) weeks.

d. Ms. Simran Narula is permitted to have access to the Appellant who is presently lodged in District Jail, Lucknow to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the Appellant through the Appellant’s Advocate-on-

Record within sixteen (16) weeks.

e. Direct the District Jail, Lucknow that, for the sake of confidentiality, these interviews shall be conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews.

f. Direct that a person nominated by Ms. Simarn Narula is permitted to accompany her to translate during the interview.

g. Grant permission to Ms. Simran Narula to obtain documents pertaining to the Appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the Appellant may wish to submit for the purpose of sentencing information.

h. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Uttar Pradesh , who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance.

The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.

6. All the reports shall be duly compiled and placed before this Court on the next date of hearing.

7. Learned counsel for the parties to assist the Registry in pagination of the record.

8. List these matters after 16 weeks.

(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)