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Life Convict Swami Shraddhanand Moves Supreme Court Seeking Expedited Decision on Mercy Petition

Life Convict Swami Shraddhanand Moves Supreme Court Seeking Expedited Decision on Mercy Petition

Pranav B Prem


Swami Shraddhanand, also known as Murali Manohar Mishra, an 85-year-old self-proclaimed godman who has been incarcerated for nearly three decades following his conviction for the murder of his wife, Shakereh Khaleeli, has approached the Supreme Court requesting a prompt decision on his mercy petition. Shakereh Khaleeli was the granddaughter of Sir Mirza Ismail, the Dewan of Mysore.

 

The matter was recently listed before a Bench comprising Justices B.R. Gavai and A.G. Masih. However, the proceedings were adjourned at the request of Additional Solicitor General K.M. Nataraj, who sought two weeks to obtain instructions on behalf of the Union. Advocate Varun Thakur, representing Shraddhanand, argued that his client has been continuously incarcerated for over 30 years without being granted a single day of parole. He also emphasized that Shraddhanand is afflicted with multiple health issues and urged the Court to ensure an expeditious resolution of his mercy plea.

 

During the hearing, Justice Gavai noted that this appeared to be Shraddhanand’s seventh or eighth petition before the Supreme Court. Advocate Thakur clarified the record, outlining the previous petitions filed by the petitioner. These included:

 

  1. A review petition seeking reconsideration of the judgment that imposed a life sentence without remission.
  2. A writ petition in 2014 seeking parole and a stay on the Amazon Prime docuseries "Dancing on the Grave," which is based on Khaleeli’s murder. The petition was ultimately withdrawn.
  3. Another writ petition filed for parole, which was dismissed in September 2024.

 

Notably, during one of the earlier proceedings, the Supreme Court was informed that Shraddhanand had submitted a mercy petition to the President of India under Article 72 of the Constitution. In response to the submissions, Justice Gavai observed, "you (Shraddhanand) must thank this Court...that you were saved that time...". The judge also noted it was Shraddhanand's case that formed the origin of the "middle-path law" - ie life sentence upto death without remission (a middle ground between the traditional life imprisonment and death penalty).

 

Background

Shakereh Khaleeli married Shraddhanand in 1986 after dissolving her first marriage of 21 years. However, she went missing between April and May of 1994. In June of the same year, one of her daughters from her first marriage lodged a missing persons report in Bangalore. The case took a shocking turn in 1994 when the police discovered Khaleeli’s body buried on the premises of her Bangalore home. Investigations revealed that she had been drugged and buried alive by Shraddhanand after executing a general power of attorney and will in his favor. Shraddhanand was arrested later that year, and in 2000, a Karnataka trial court convicted him of murder and sentenced him to death. The Karnataka High Court subsequently affirmed the death sentence in 2005. However, when the case reached the Supreme Court, a split verdict was delivered in 2007. The matter was referred to a larger Bench, which in 2008 commuted his death sentence to life imprisonment without remission, effectively sentencing him to incarceration until death.

 

 

Cause Title: SWAMY SHRADDANANDA @ MURALI MANOHAR MISHRA v. UNION OF INDIA

Case No: W.P.(Crl.) No. 5/2025

Date: January-10-2025

Bench: Justice B.R. Gavai, Justice A.G. Masih

 

 

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