Today, On 23rd October, The Supreme Court declined to hear the plea of Swamy Shraddananda challenging his life imprisonment verdict. The decision comes as a setback for Shraddananda, who sought to overturn the sentence. The court’s refusal to entertain the appeal reinforces the lower court’s ruling. As a result, Shraddananda will continue to serve his life sentence.
New Delhi: The Supreme Court, On Wednesday, dismissed a plea from Swamy Shraddananda, who is serving a life sentence for murdering his wife, seeking a review of the verdict mandating his imprisonment for life.
A bench comprising Justices B.R. Gavai, P.K. Mishra, and K.V. Viswanathan heard arguments from his counsel, who contended that the part of the verdict denying his client’s release infringed on his fundamental rights under Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution.
The bench responded, stating,
“You may argue that on facts it is not justified. But as a sentence, this can be imposed, is upheld now by five judges.”
Shraddananda, 84, also known as Murali Manohar Mishra, whose wife was the granddaughter of a former Dewan of the princely state of Mysore, sought a review of a July 2008 verdict issued by a three-judge bench of the Supreme Court.
The court noted that the Constitution bench determined that the powers of the President under Article 72 and the Governor under Article 161 remain applicable, even when a life sentence is imposed as a substitute for the death penalty. Articles 72 and 161 pertain to the President’s and Governor’s authority to grant pardons and to suspend, remit, or commute sentences in certain cases.
The apex court acknowledged that lawyers representing the state of Karnataka and the complainant informed them that Shraddananda had already submitted a representation to the President.
The bench concluded,
“In that view of the matter, we do not find that any interference is warranted in the present proceedings.”
On September 11, the Supreme Court also dismissed a separate writ petition filed by Shraddananda seeking his release from prison.
He sought relief, arguing that he had been in “continuous incarceration” without the possibility of parole or remission, and that no negative behaviour was reported during his time in jail.
Shakereh, the wife of Shraddananda, was the granddaughter of Sir Mirza Ismail, a former dewan of the former princely state of Mysore.
Shraddananda and Shakereh were married in April 1986, but she mysteriously vanished in May 1991, as noted in the Supreme Court’s verdict in July 2008.
In March 1994, the Central Crime Branch in Bengaluru took over the investigation into the complaint regarding Shakereh’s disappearance. Under intense questioning, Shraddananda confessed to killing her.
Her remains were exhumed, leading to Shraddananda’s arrest.
In 2005, a trial court convicted him and sentenced him to death. This conviction and sentence upheld by the Karnataka High Court in September 2005.
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When Shraddananda appealed the high court’s decision, a two-judge bench of the Supreme Court reviewed the case. While both judges agreed on his conviction, they had differing opinions on his sentence: one argued he should remain incarcerated for life, while the other believed he deserved the death penalty.
The case subsequently presented to a three-judge bench, which issued its verdict on July 22, 2008.
The bench stated,
“We accordingly substitute the death sentence given to the appellant by the trial court and confirmed by the high court with imprisonment for life and direct that he shall not be released from prison for the rest of his life.”
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