IMPORTANT POINT
Review petition in case of death penalty should be heard in open court giving opportunity to the convict.

JUDGMENT :

A.K. Sikri, J.

This Review Petition is filed by the petitioner who has been convicted for offences under Sections 302, 376(2)(f) and 342 of the Indian Penal Code (for short, 'IPC'). He was awarded death penalty for the offence punishable under Section 302, IPC by the trial court vide its judgment dated September 27, 2013 in Sessions Case No. 87 of 2012. For offence under Section 376(2)(f) of IPC, the petitioner was sentenced to life imprisonment and for the offence under Section 342 of IPC, the trial court awarded simple imprisonment for two months.

2. Since sentence of death was imposed on the petitioner, the Sessions Judge made a Reference to the High Court for confirmation of death sentence. The petitioner also challenged his conviction and sentences imposed by filing Criminal Appeal No. 80 of 2014 before the High Court. The said appeal as well as Reference were heard together by the High Court. The High Court upheld the conviction under the aforesaid provisions and also confirmed death sentence of the petitioner vide its judgment dated July 09/10, 2014. Against that judgment, the review petitioner preferred Special Leave Petition (Criminal) No. 458 of 2015. The special leave petition came up for preliminary hearing on January 06, 2015 which was dismissed by passing the following order:

"Delay condoned.

Dismissed."

3. Present review petition is filed seeking review of the aforesaid order of dismissal in limine.

4. Mr. Shekhar Naphade, learned senior counsel appearing for the petitioner submits that in a case where conviction is followed by death sentence, and the special leave petition is filed thereagainst, such petition should not be dismissed in limine and in case the Supreme Court still finds it fit to do so, some reasons need to be recorded.

5. Learned senior counsel has referred to the provisions of Article 137 of the Constitution which provide for review of judgments or orders by the Supreme Court and reads as under:

"137. Review of judgments or orders by the Supreme Court.- Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it."

6. He submits that the scope of review in criminal cases is broader than in civil cases and unless some reasons are recorded while dismissing the special leave petition, the remedy of review would become illusive. He also referred to the judgment of this Court in Mohammed Ajmal Mohammad Amir Kasab alias Abu Mujahid vs. State of Maharashtra, (2012) 9 SCC 1 where the Court succinctly stated the approach that is needed in dealing with the cases of death sentence, with the following observations:

"5. We may also state here that since it is a case of death sentence, we intend to examine the materials on record first hand, in accordance with the time-honoured practice of this Court, and come to our own conclusions on all issues of facts and law, unbound by the findings of the trial court and the High Court."

7. Mr. Naphade also referred to the provisions of Order XXII Rule 7 of the Supreme Court Rules which provide for summoning of the trial court record for deciding the appeals and reads as under:

"7. (1) If the petitioner is in jail and is not represented by an advocate-on-record, he may present his petition for special leave to appeal together with the certified copy of the Judgment and any written argument which he may desire to advance to the officer in charge of the jail, who shall forthwith forward the same to the Registrar of this Court. Upon receipt of the said petition, the Registrar of the Court shall, whenever necessary call, from the proper officer of the Court or the Tribunal appealed from, the relevant documents for determination of the petition for special leave to appeal.

(2) As soon as all necessary documents are available the Registrar shall direct engagement of an Advocate from the panel of Supreme Court Legal Services Committee, or assign a Panel Advocat