SC Grants Two Weeks To Union To Reply On Mercy Plea Of Swamy Shraddananda Serving Life Sentence For Burying His Wife Alive
Shraddananda is serving life imprisonment till death for the 1991 murder of his wife, Shakereh. He had buried her alive.
The Supreme Court has sought the Central Government's response to a Writ Petition filed by Swamy Shraddananda, also known as Murali Manohar Mishra, who has spent over 31 years in prison, seeking a direction to the President of India to consider his mercy petition. Shraddananda is serving life imprisonment till death for the 1991 murder of his wife, Shakereh.
The petitioner, now 85 years old, claims to be seriously ill and has not been granted parole or furlough even once during his incarceration.
The Bench of Justice BR Gavai and Justice Augustine George Masiah granted two weeks time to the Centre to file its response.
During the hearing today, Advocate Varun Thakur, appearing for Shraddananda, argued that the petitioner’s advanced age, deteriorating health, and prolonged imprisonment without reprieve justified consideration of his mercy plea. Thakur emphasized, “I have been in jail for more than 31 years without a single day of parole or furlough. I am more than 85 years old and suffering from many diseases.”
Appearing for the Union, Additional Solicitor General (ASG) KM Nataraj stated that he had just received the petition and required time to obtain instructions. Questioning the maintainability of the prayer, he said, “The prayer seeks directions to the Hon’ble President. Can such a prayer be considered at all?”
Justice Gavai noted, “This is the third petition by the petitioner. Earlier, parole and other issues were raised. Let the Centre file its reply in two weeks.”
Previous Court Proceedings
Pertinently, on January 10, the Court had sought the Union of India's response in a mercy petition filed by Shraddananda.
During the last hearing, Advocate Varun Thakur, appearing for Shraddananda, submitted, "It's been almost 31 years. Only limited prayer can be decided by mercy petition...I am seriously ill, My Lord. I was not out for a single day. I have been inside for 31 years, without a single day of parole or furlough." "You give a copy to somebody from the Union," Justice Gavai had said.
The Bench had said, "Copy of petition be supplied to the Counsel of Union of India."
Background
Shakereh and Shraddananda were married in April 1986, but their union ended in tragedy when Shakereh disappeared in May 1991. After years of uncertainty, the case took a decisive turn in March 1994 when the Central Crime Branch, Bengaluru, began investigating the complaint of her disappearance. Under intense interrogation, Shraddananda confessed to killing his wife, leading to the exhumation of her body and his subsequent arrest.
A Trial Court convicted Shraddananda in 2005 and sentenced him to death for the brutal crime. The Karnataka High Court upheld the conviction and the death sentence later that year.
Shraddananda’s appeal against the High Court's decision reached the Apex Court, where a two-judge bench upheld his conviction but split on his sentence. While one judge ruled that Shraddananda deserved nothing less than capital punishment, the other recommended that he remain incarcerated for the rest of his life without parole.
To resolve the disagreement, the case was referred to a three-judge bench, which delivered its final verdict on July 22, 2008. The Bench had imposed a sentence of life imprisonment till the end of Shraddananda’s natural life, sparing him the death penalty but denying him any possibility of release.
Cause Title: Swamy Shraddananda@ Murali Manohar Mishra Vs UOI [W.P. (Crl.) No. 5/2025; Diary No. 5622 /2024]
