New Delhi, Jan 21

Holding the action and procedure adopted to deprive a person of life or liberty must be fair, just and reasonable, the Supreme Court Tuesday framed guidelines for removing the disparities in implementation of existing laws for death row convicts.

"It is well-settled law that executive action and legal procedure adopted to deprive a person of his life or liberty must be fair, just and reasonable and the protection of article 21 of the constitution of India inheres in every person, even death-row prisoners, till the very last breath of their lives," said a bench of Chief Justice P.Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh in their judgment.

Taking note of the disparities in implementing the already existing laws, the court framed the guidelines to be followed for safeguarding the interest of the death row convicts.

** Solitary Confinement: The court held solitary or single cell confinement prior to rejection of the mercy petition by the president unconstitutional. It said almost prison manuals of all the states provide necessary rules for confinement of death convicts, but these should not be interpreted to run counter to the above ruling and violate article 21.

** Legal Aid: The court asked superintendent of jails to inform the nearest Legal Aid Centre as well as the prisoner about the rejection of mercy petitions, since there is no provision in any prison manuals for providing legal aid, for preparing appeals or mercy petitions or for accessing judicial remedies after the mercy petition's rejection.

** Procedure in placing mercy petition before the president - As and when any such petition is received or communicated by the state government after rejection by the governor, necessary materials such as police records, judgments of the trial court, the high court and the Supreme Court and all other connected documents should be called at once, and a time limit fixed for forwarding them to the home ministry.

After getting all the details, it is for the home ministry to send the recommendations/their view