1. Appeals involving capital punishment — Directions for collection of mitigation evidence and psychological evaluation for sentencing. (Para 1 , 2 )
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2025 Supreme(SC) 1419
SUPREME COURT OF INDIA
VIKRAM NATH, SANJAY KAROL AND SANDEEP MEHTA, JJ.
Mangesh Dattatraya Lonkar - Appellant
Versus
The State Of Maharashtra - Respondent
Criminal Appeal No(s). 293-294 of 2020
Decided on : 09-01-2025
In cases involving capital punishment, the Court emphasized the requirement for comprehensive mitigation evidence, directing the submission of probation reports, prison conduct reports, psychological evaluations, and detailed mitigation investigation reports to assist the Court in sentencing.
Headnote:(A) Criminal Procedure Code - Provisions on probation and sentencing evaluations - Directions issued regarding submission of reports by Probation Officers, Superintendent of Prison, and psychological evaluation team for the appellant - Mitigation assistance permitted through designated personnel for conducting interviews and gathering relevant documentation for sentencing considerations. (Paras 2, 3, 4)
Facts of the case:
Appellant's case involves capital punishment considerations, necessitating comprehensive mitigation reports and assessments to inform sentencing.
Findings of Court:
The Court expects detailed evaluations regarding the appellant's behavior in prison and psychological assessments to aid in determining an appropriate sentence.
Issues: The primary issues addressed include the need for comprehensive evaluations and the role of mitigation assistance in capital punishment cases.
Ratio Decidendi: The Court emphasizes the importance of thorough, individualized reports regarding conduct, psychological status, and potential rehabilitation for those facing capital punishment.
Result: Orders made for comprehensive evaluations and mitigation processes.
Legal Category Hierarchy
Table of Contents
2. The court follows established protocols for capital punishment cases to ensure comprehensive mitigation data is available for sentencing. (Para 2 )
3. Sentencing in capital punishment cases requires a holistic evaluation of the convict's conduct, psychological state, and mitigation factors. (Para 2 )
4. Directions issued for submission of probation, prison, and psychological reports, and permission granted for independent mitigation investigation. (Para 2 , 3 , 4 , 5 )
5. What reports are mandated for sentencing in capital punishment cases?
The court requires reports from Probation Officers, the Prison Superintendent regarding the appellant's work, conduct, and behaviour in jail, and a psychological evaluation conducted by a suitable medical team. (Para 2 )
6. What permissions are granted to mitigation assistants in capital punishment cases?
Mitigation assistants are permitted to conduct confidential in-person interviews with the appellant, use audio recorders, employ translators, and obtain medical, educational, and vocational records to submit a Mitigation Investigation Report. (Para 2 )
7. How is the confidentiality of mitigation interviews ensured in prison?
Interviews must be conducted in a separate interviewing space without any prison official or police staff being within earshot distance. (Para 2 )
ORDER :
1. It is submitted that original records of the case have been received from the Trial Court and the High Court. A copy of the translated records shall be supplied to the learned counsel for the parties, if not supplied earlier.
2. In view of the orders passed by this Court in matters involving capital punishment, we issue following directions:
i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.
ii. The Superintendent of Prison, Yerwada Central Jail, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail, within a period of eight (8) weeks.
iii. The Head of the Sassoon Medical Hospital, Pune, shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Maharashtra within a period of eight (8) weeks.
iv. Ms. Devika Rawat, who is associated with Project 39A, National Law University, Delhi, is allowed to provide mitigation assistance to the Court.
v. Ms. Devika Rawat is permitted to have access to the appellant who is presently lodged in Yerwada Central Jail to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the appellant through the appellant's Advocate-on-Record within ten (10) weeks.
vi. The Yerwada Central Jail shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews.
vii. A person nominated by Ms. Devika Rawat be permitted to accompany her to translate during the interview.
viii. Ms. Devika Rawat is granted permission to obtain documents pertaining to the appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the appellant may wish to submit for the purpose of sentencing information.
3. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Maharashtra, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.
4. All the reports shall be duly compiled and placed before this Court on the next date of hearing.
5. List these matters after twelve (12) weeks along with the report(s).
Crl.A. No. 295-296/2020
1. It is submitted that original records of the case have been received from the Trial Court and the High Court. A copy of the translated records shall be supplied to the learned counsel for the parties, if not supplied earlier.
2. In view of the orders passed by this Court in matters involving capital punishment, we issue following directions:
i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.
ii. The Superintendent of Prison, Yerwada Central Jail, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail, within a period of eight (8) weeks.
iii. The Head of the Sassoon Medical Hospital, Pune, shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Maharashtra within a period of eight (8) weeks.
iv. Ms. Simran Naru
