Summary
The Supreme Court recalled its one-word dismissal of a special-leave petition challenging a death sentence. Even if conviction warrants no interference at the admission stage, affirming capital punishment requires reasons at least on sentence, with independent consideration of aggravating and mitigating circumstances. The review was allowed and the special-leave petition restored. The decision did not itself set aside the conviction or commute the sentence.
Issues
- Whether a special-leave challenge to a death sentence may be dismissed without reasons.
- Whether the earlier unreasoned dismissal should be recalled on review.
Provisions considered
- Article 137, Constitution of IndiaThe Court exercised review jurisdiction to recall the unreasoned dismissal and restore the special-leave petition challenging the death sentence. (¶¶ 5, 15, 16)
Held
- Capital sentencing requires independent scrutiny, proper consideration of the offender and the offence, and weighing of aggravating and mitigating circumstances. The need for a genuine sentencing hearing and special reasons is integral to that scrutiny. (¶¶ 10, 11, 12, 13, 14)
- A special-leave petition against a death sentence should not be dismissed without reasons at least on sentence. A conviction supported by unimpeachable evidence may warrant no interference, but that does not dispense with reasons for affirming death punishment. (¶ 15)
- Because the earlier dismissal supplied no reasons, the review was allowed, that order recalled and the special-leave petition restored to its original number for consideration. (¶ 16)
Result
Review petition allowed. Order dated 6 January 2015 recalled; SLP (Criminal) No.458 of 2015 restored to its original number. Conviction and sentence not finally redetermined in this review decision.