Supreme Court to examine plea by Swami Shraddananda against life term

New Delhi: The Supreme Court on Wednesday decided to examine a review plea by Swami Shraddananda, who has been incarcerated for 30 year for killing his wife, while expressing its suprise over his counsel's contention that he wanted his life term sentence to be changed to hanging.

As his counsel contended the imprisonment till death awarded to him is far worse than the capital punishment, a bench of Justices B R Gavai, Prashant Kumar Mishra and K Vishwanathan asked him, "You want your sentence to be changed to hanging".

Shraddananda alias Murali Manohar Mishra, 84, whose wife was the grand-daughter of a former Dewan of the princely state of Mysore, sought the relief, saying he has been in "continuous incarceration" without any parole or remission and nothing adverse has been reported against him during his stay in jail.

The bench dismissed his writ petition seeking release from jail.

The court, however, agreed to hear his separate plea seeking review of the apex court's July 2008 verdict which had directed that he shall not be released from prison till rest of his life.

The court also refused a request by Shraddananda that he should be allowed to decide his jail sentence. "It is not convict's right to decide his or her jail sentence," the apex court said.

Shraddananda sought the relief from the top court, on the ground that he has been in "continuous incarceration" without any parole or remission so far and nothing adverse has been reported against him during his stay in jail. He claimed that he is suffering from health issues amd thereby this court should release him from jail.

The trial Court and the Karnataka High Court had sentenced him to death but the sentence was commuted by the Supreme Court in 2008 to one of imprisonment until death.

Shraddhanand, seeking a direction for his release, said that the sentence imposed on him was in some terms worse than a death sentence. "What is the purpose of the state infusing funds to maintain him in jail if he is never to come out," he asked.

"Nothing adverse has been reported against me, since my sentencing, and that I have won 5 best qaidi (prisoner) awards, so thereby this court should take all the se factors into consideration and release me from jail," he said.