The government was responding to a petition filed by advocate Basil Attipetty that alleged that the rule prevents the prisoner from praying to God with open hands in a Biblical manner at his last moment.
A statement filed by KA Kumaran, chief welfare officer at prison headquarters, to the high court stated, "In the writ petition, it is contended by the petitioner that the convicted prisoner is prevented to make prayer before the God by way of raising hand. It is not correct. The prisoner is given sufficient opportunity to make prayer before the God and to see the family members etc prior to the execution of sentence."
"The bald allegation that the tying of arms and legs at the time of death execution is barbaric and inhuman is unfounded and misconceived and hence denied. The procedure of execution is based on the scientific method," the statement said.
Government also submitted that tying of hands is required for the peaceful execution of the sentence. Such a procedure is followed all over India as rules were framed on the basis of Model Prison Manual of India, government contends.
It was alleged in the petition that Rule 371 of Kerala Prisons and Correctional Services (Management) Rules, 2014, which was notified by the government on May 23rd last year, violates the constitutional right of the man being hanged to pray as per his wish at the last moment.
The petitioner had further contended that framing of the rule by the state government is a clear infringement of Article 25 (Right to freedom of religion) and Article 21 (Protection of life and personal liberty).
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