Death penalty can be challenged under Article 32: Supreme Court
What's the story
The Supreme Court has held that a death sentence can be challenged under Article 32 for breach of procedural safeguards. The decision was delivered by a bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta while hearing the case of Vasanta Sampat Dupare, convicted for raping and murdering a four-year-old girl. The court set aside its order of May 3, 2017, which had upheld the death penalty, and said a fresh hearing will be conducted to decide his punishment.
Reopening sentence
Bench cautions against routinely reopening concluded matters under Article 32
The court decided to reopen the sentencing stage in Dupare's case, citing the need for strict adherence to procedural safeguards laid down in the Manoj judgment. "This corrective power is invoked precisely to compel rigorous application of the safeguards laid down in Manoj judgment...thereby ensuring that the condemned person is not deprived of the fundamental rights to equal treatment, individualized sentencing, and fair procedure that Articles 14 and 21 of the Constitution secure to every person," it said.
Caution
Caution against routinely reopening concluded matters
However, it cautioned against routinely reopening concluded matters under Article 32. "Reopening will be reserved for only those cases where there is breach of new procedural safeguards, as if breaches are so serious that if left uncorrected they would undermine the accused's basic rights to life," the SC bench said.
Conviction upheld
SC sets aside death sentence awarded to Dupare
Dupare was initially sentenced to death by an Additional Sessions Judge in Nagpur. His appeal against the sentence was dismissed by the high court, and a subsequent Supreme Court review petition was also rejected. On Monday, the new SC bench maintained Dupare's conviction but set aside the 2017 view on sentencing. It referred the matter to Chief Justice BR Gavai for a fresh hearing on sentencing.