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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Vasanta Sampat Dupare – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. constitutional safeguards for capital punishment (Para 1) |
| 2. timeline of events leading to petition (Para 2 , 3) |
| 3. petition under article 32 (Para 4) |
| 4. arguments presented by the petitioner (Para 5) |
| 5. arguments presented by the union of india (Para 6) |
| 6. (Para 7 , 8 , 35 , 36) |
| 7. the necessity for a fairness in capital cases (Para 9 , 10 , 11 , 12 , 13) |
| 8. article 32 as a safeguard for capital punishment (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 9. judicial developments in procedural safeguards (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 10. reformative justice in capital cases (Para 27 , 28 , 29) |
| 11. final ruling and implications (Para 30 , 31) |
| 12. reopening of the sentencing phase (Para 32 , 33 , 34) |
| 13. discussion on individualized sentencing (Para 37 , 38 , 39 , 40) |
| 14. the dignity of convicts and article 21 (Para 41 , 42 , 43 , 44 , 45) |
| 15. blackstonian theory and its implications (Para 46 , 47 , 48 , 49 , 50) |
| 16. final observations on the scope of article 32 (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59) |
JUDGMENT :
VIKRAM NATH, J.
1. The majesty of our Constitution lies not in the might of the State but in its restraint. When the Court contemplates the ultimate punishment, i.e.
The court ruled that while death penalty can be imposed, it should be reserved for exceptional circumstances; in this case, the intent was not premeditated, thereby commuting the death sentence to li....
Death sentence – Obligation of Court to conduct separate hearing on issue of sentence – Meaningful, real and effective hearing must be afforded to accused, with opportunity to adduce material relevan....
(1) Death sentence ought not to be imposed, save in rarest of rare cases when alternative option of a lesser punishment is unquestionably foreclosed – Possibility of reformation and rehabilitation of....
The court held that death sentence should be imposed only in rarest of rare cases considering the possibility of rehabilitation, thereby modifying the sentence to rigorous imprisonment for 20 years.
Oral hearings are required in review petitions concerning death sentences, emphasizing fair procedures under Article 21 due to the irreversible nature of capital punishment.
The government's discretion in granting remission is subject to the procedural safeguard of the presiding judge's opinion, which must be reasoned and guide the government's decision.
(1) Death sentence – Undue delay in issuing warrant of execution can violate rights of convicts under Article 21 of Constitution of India.(2) Death sentence – Delay in executing death sentence – Arti....
(1) Life sentence – When an offender is sentenced to undergo imprisonment for life, incarceration can continue till end of life of accused – However, it is subject to grant of remission under provisi....
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