He has been on the death row for about 25 years, after being arrested for murder and sent to Pune’s Yerawada jail. During all those years behind bars, this primary school dropout taught himself Marathi and English, and obtained an MA in Sociology. But for the Supreme Court, what really mattered when setting Niranaram Chaudhary free on Monday was a date from the admissions register of a school in Rajasthan’s Bikaner.
The register, from Rajkiya Adarsh Uch Madhyamik Vidyalaya in Jalabsar, showed that Chaudhary had dropped out of Class 3 on May 15, 1989.
And so, the apex court ruled that he was a juvenile while being sentenced to death in 1998 with two others for the murder of five members of a family, including a pregnant woman and two children, in a “rarest of the rare” case.
On Monday, a three-judge bench of the Supreme Court, headed by Justice K M Joseph, directed that Chaudhary “be set free forthwith from the correctional home in which he remains imprisoned, as he has suffered imprisonment for more than 28 years” after his arrest in 1994.
Chaudhary’s death sentence had earlier been confirmed by the Bombay High Court and twice by the Supreme Court in 2000. However, abandoned by his family at the time of conviction, Chaudhary’s name and age were incorrectly recorded by the Pune court that awarded him the death penalty. In 2018, with the intervention of Project 39A, a criminal reforms advocacy group based in National Law University, Delhi, Chaudhary moved the Supreme Court again.
He also argued that his actual name was Niranaram, which was wrongly recorded by the court as “Narayan”.
In January 2019, the Supreme Court had referred the case to the Principal District and Sessions Judge in Pune to decide on Chaudhary’s status as a juvenile at the time of conviction. The inquiry led to the school admissions register in Jalabsar.
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“Going by that certificate, his age at the time of commission of offence was 12 years and 6 months. Thus, he was a child/ juvenile on the date of commission of offence for which he has been convicted, in terms of the provisions of the 2015 Act. This shall be deemed to be the true age of Niranaram, who was tried and convicted as Narayan,” the Supreme Court said.
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Anup Surendranath, director of Project 39A, told The Indian Expressthat Chaudhary is currently in a jail in Nagpur. “Once the Pune Sessions Court orders his release, the Nagpur prison will set him free,” he said.
© The Indian Express (P) Ltd
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