BASANT, J.

(i) Do Session Judges have the power to impose the harsher variety of life sentence which is recognised by Swamy Shraddananda (2) Versus State of Karnataka[2008 (13) SCC 767] as an option available in law for the courts to avoid the harshest, irreversible and incorrect able sentence of death? Is that sentencing option available only to the Supreme Court under Article 142 of the Constitution? Is that sentencing option available only to constitutional courts - the High Courts and the Supreme Court?

(ii) Consequently is it necessary for the Session Judges to consider whether that alternative option [the harshest sentence of life authorised by Swamy Shraddananda (2)(supra)] is also unquestionably foreclosed in the facts and circumstances of a given case before choosing to impose the sentence of death?

(iii) Is it necessary for this Court to declare the law authentically and insist that before the sentence of death is imposed by any Sessions Court, such consideration must invariably precede?

These questions occurred to me when some of the Death Sentence References and connected appeals came up for hearing. It is true that no counsel specifically had raised these