VidhiSangh

Supreme Court of India · 25/08/2025

VASANTA SAMPAT DUPARE versus UNION OF INDIA & ORS.

[2025] 8 S.C.R. 2136 · 2025 INSC 1043

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Summary

A three-Judge Bench held that Article 32 empowers the Supreme Court to reopen the sentencing stage of a death-penalty case that has attained finality after appeal, review and rejection of mercy petitions, where the convict was sentenced without the sentencing safeguards mandated in Manoj v. State of M.P. The death sentence affirmed in 2017 was set aside for the present, the conviction left untouched, and the matter remitted for a fresh hearing on sentence alone in conformity with Manoj.

Issues

  1. Whether, in a petition under Article 32, the Supreme Court may revisit a death sentence that stands concluded after appeal, review and rejection of mercy petitions, on the strength of the sentencing framework laid down in Manoj v. State of M.P.
  2. Whether the sentencing safeguards in Manoj apply retrospectively to a convict whose death sentence attained finality before that decision.

Provisions considered

Held

Result

Writ petition allowed. The sentence of death affirmed by the Supreme Court on 03 May 2017 set aside for the present, with the conviction left untouched; matter remitted to the Supreme Court for a fresh hearing on sentence alone in conformity with the directions in Manoj v. State of M.P. Registry directed to place the matter before the Chief Justice of India for assignment to an appropriate Bench. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 2136.