Skip to main content

India | Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024

The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. 

The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI UU Lalit, Justices S Ravindra Bhat and Sudhanshu Dhulia had noted that there were conflicting judgments regarding the grant of hearing to an accused before imposing death sentence on him. 

Taking into account the lack of a uniform framework in regard of separate hearings in death penalty matters, the Supreme Court had initiated a suo moto petition and referred the same to a 5-judge bench.

Today, the court appointed Ms Vidhi Thakkar, counsel assisting Senior Advocate Siddharth Dave (amicus curiae) as the nodal counsel in the matter and directed for all compilations to be submitted by December 15, 2023. 

Charting out the scope of the proceedings, Senior Advocate Dave, underlined the reason behind the initiation of the suo moto proceedings. He stated that the issue arose after no psychological evaluation was made of the detenu in a large number of death sentence cases. He added–

"So your lordships were then confronted with various three-judge bench decisions which provided for same day sentencing. And there are various decisions of equal strength on the opposite side which do not say that it cannot be resorted to." 

Dave submitted that if same day sentencing was made permissible in death penalty cases, there would no scope for psychological evaluation or for any mitigation circumstances to be put forth by the detenu or the convict at the stage of the sentencing. He asserted–

"Same day sentencing in capital punishment cases cannot be permitted. It is the duty upon the court to call for mitigation circumstances, not only from the accused but it can also call from the jail authorities, so to know the mental framework and the physical incapacitation of the person." 

The counsel for Project 39A, which is an intervenor in the matter, argued that apart from the issue of time gap in the same day sentences, mitigation as an integral component of the right to a fair trial had to also be taken into consideration. Thus, he stated that the right to counsel needed to encompass the right of mitigation assistance to a convict before sentencing him to death penalty. He argued–

"If mitigation is an essential part of the right to defence, the right to fair trial through counsel would also incorporate appropriate mitigation assistance. It is only then the fair trial would be insured. Even the right to counsel would conceivably have to encompass mitigation aspect. Therefore, we have also place a mitigation model." 

It may be noted that in Bachan Singh v. State of Punjab, the court, in its majority judgment, had upheld the constitutionality of the death sentence, on the condition that it could be imposed in the "rarest of rare" cases. The majority in Bachan Singh also took note of the fact that convicts would be afforded a separate hearing, to urge why capital sentence ought not to be resorted to. The judgment had further noted the Law Commission's observation that courts should "give the party or parties concerned an opportunity of producing evidence or material relating to the various factors bearing on the question of sentence."

The present suo motu petition was initiated noticing the lack of a uniform framework in regard of separate hearings in death penalty matters. It took into account the case of Manoj & Ors. v. State of Madhya, where the apprehensions relating to the absence of such a framework was recorded and the importance of a separate hearing and the necessity of background analysis of the accused, was highlighted. In this case, it was suggested that the social milieu, the age, educational levels, whether the convict had faced trauma earlier in life, family circumstances, psychological evaluation of a convict and post-conviction conduct, were relevant factors at the time of considering whether the death penalty ought to be imposed upon the accused. 

Case Title: In Re: Framing Guidelines Regarding Potential Mitigating Circumstances To Be Considered While Imposing Death Sentence SMW(Crl) No. 1/2022 PIL-W

Source: livelaw.in, Padmakshi Sharma, November 22, 2023


_____________________________________________________________________











Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.