Skip to main content

India | Death penalty: Courts cannot just ignore the law

A close reading of the nine judgements in which the Additional District and Sessions Judge, Muzaffarnagar, imposed 23 death sentences reveals a deeply troubling picture 

It is highly unlikely that any of these 23 death sentences will be upheld by the appellate courts. However, it is a process that can take years.

As a society and a legal system, we have chosen to retain the death penalty. The least courts can do in exposing an accused to the “spectre” of death is to ensure that such suffering is not inflicted in blatant disregard for the law. The Supreme Court has repeatedly insisted that the decision to impose it cannot be based only on the brutality of the crime and that a certain procedure has to be followed. Yet, the recent instance of a trial judge in Uttar Pradesh sentencing 23 people to death over approximately five months raises a fundamental concern about whether the law laid down by the Supreme Court is being followed. 

A close reading of the nine judgements in which the Additional District and Sessions Judge, Muzaffarnagar (ADJ Muzaffarnagar) imposed these 23 death sentences reveals a deeply troubling picture. The judgements repeatedly cite substantially the same set of Supreme Court precedents, in much the same sequence and often with the same excerpts. Yet when it comes to the crucial question of whether the death penalty is warranted, the reasoning appears to rest overwhelmingly on the nature and circumstances of the crime. Further, it is evident that the procedure prescribed by the apex court has been completely ignored.


In Bachan Singh v. State of Punjab (1980), a five-judge bench of the Supreme Court held that sentencing in a capital case requires consideration of both the nature of the crime and the circumstances of the accused. The Supreme Court was clear that judges cannot justify the imposition of the death penalty only by characterising the offence as exceptionally brutal or shocking. The court must undertake an individualised assessment of the person before it and determine whether the alternative of life imprisonment is unquestionably foreclosed. This principle has been reiterated by the Supreme Court across decades. A trial court judge is not at liberty to replace a binding legal standard with his own philosophy of punishment. 

The problem becomes even more stark when viewed against what the Supreme Court specifically mandated in Manoj v. State of MP (May 2022). The Court recognised that meaningful consideration of mitigating circumstances cannot be reduced to the court asking an accused, at the sentencing hearing, whether there is anything they wish to say. Instead, the court must have relevant material before it. Manoj contemplated reports from the probation officer and prison authorities, as well as psychological and psychiatric assessments, along with a mitigation report from the defence. It required these reports so that the circumstances bearing on the accused’s socio-economic and historical background, conduct, mental condition and possibility of reform could be properly evaluated. This was not an optional checklist. It was an attempt to give practical meaning to the constitutional requirement of individualised sentencing.

The Supreme Court went further in Vasanta Sampat Dupare v. Union of India, decided in August 2025. It held that sentencing an accused to death without following the safeguards mandated in Manoj would be in violation of their fundamental rights. Against this clear mandate, the complete absence of any meaningful Manoj-compliant exercise in the 23 death sentences is astounding. 

Data collated by The Square Circle Clinic at NALSAR University of Law points to a much larger systemic failure. Since the Supreme Court’s decision in Manoj in May 2022, we analysed 216 cases in which trial courts across India imposed death sentences between 2023 and 2025. Only eight of those 216 cases (less than 4 per cent) complied with the legal requirements laid down by the Supreme Court. This data should raise grave concerns. Trial judges cannot select the precedents they find persuasive and disregard the requirements they find inconvenient. Judicial independence cannot and does not mean judicial freedom from the law. 

It is highly unlikely that any of these 23 death sentences will be upheld by the appellate courts. However, it is a process that can take years. Eventually, a high court or the Supreme Court will follow Manoj and come to a conclusion that these death sentences are not legally valid. The safeguards developed in Manoj and Dupare are meant to ensure judges follow a certain process that is non-negotiable. Death sentences are not about questions of courage or cowardice but of judicial discipline and following the law. It is about adhering to constitutional commitments despite the temptation not to do so. That’s what judicial courage looks like. 

Source: indianexpress.com, Anup Surendranath, Opinion, September 22, 2026. The writer is professor of law and executive director, The Square Circle Clinic at NALSAR University of Law. The Clinic provides pro bono legal representation to persons sentenced to death.





"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
Globe
Death Penalty News For a World without the Death Penalty

Comments

Most viewed (Last 7 days)

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.