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SC Allows Review of Death Sentences Under Article 32

Why in the News?

The Supreme Court today has ruled that a death row convict may challenge their sentence through a writ petition under Article 32, allowing reconsideration of mitigating factors. This decision adds an additional layer of appeal beyond review and mercy petitions.

Supreme Court’s Ruling and Key Observations:

  • A three-judge bench (Justices Vikram Nath, Sanjay Karol, Sandeep Mehta) ruled that Article 32 empowers the apex court to re-examine a death sentence to ensure fundamental rights are not violated.
  • The court clarified:

○ This remedy is limited to cases involving procedural safeguards breach.

○ It cannot be used to reopen entire convictions; only the sentence may be revisited.

  • Open Court Hearing: Unlike review petitions (usually heard in chambers), Article 32 writ petitions will be heard in open court, allowing representation by a lawyer of choice.

Case Context: Dupare’s Petition

  • Vasant Sampat Dupare was convicted for the rape and murder of a four-year-old (conviction upheld in 2014).
  • His review petition was dismissed in 2017.
  • Mercy petitions before Maharashtra Governor (2022) and President (2023) were also rejected.
  • Filed a writ under Article 32, citing Manoj v Rajasthan.
  • In today’s Supreme Court ruling, the justices set aside the dismissal of his review petition and directed rehearing on the sentence only, while the conviction remains unchanged.

Significance of the Decision

  • Provides death row convicts one last judicial opportunity to present mitigating circumstances (e.g., psychological condition or status as persons with disabilities).
  • Strengthens due process and safeguards against arbitrary capital punishment.
  • Balances justice for victims with fundamental rights of convicts.
  • The petitioners argued that this new avenue can be used to address potential miscarriages of justice.
  • Legal experts contended that this decision reinforces the importance of thorough judicial review in capital punishment cases, including aspects of citizenship determination when relevant.

About Death Penalty in Indian Judiciary :
● Article 32: Empowers citizens to move SC for enforcement of fundamental rights.
● Judicial Remedies for Death Convicts:
○ Appeal in High Court/Supreme Court.
○ Review Petition – limited scope, usually heard in chambers.
○ Curative Petition – ultimate judicial recourse, rare and exceptional.
○ Mercy Petition – to Governor (Article 161) & President (Article 72).
● New Layer Added: Writ under Article 32 allows reconsideration of mitigating factors, enhancing safeguards against miscarriage of justice.
● Significance: Strengthens right to life (Article 21) by ensuring convicts get one final opportunity to present mitigating evidence.
● The court’s speaking order emphasized the need for a careful balance between finality of judgments and protection of fundamental rights.

The Supreme Court’s decision also highlights the importance of proper proof of identity in legal proceedings, a responsibility that may involve various authorities including the chief electoral officer in certain cases. This ruling underscores the complex interplay between legal procedures and fundamental rights in India’s judicial system.