Supreme Court of India stayed execution of death row convict Aman Singh and issued directions on sentencing reform. Bench led by Vikram Nath sought records, suspending death sentence pending appeals.
The Supreme Court has stayed the execution of death row convict Aman Singh in a death reference matter and issued key directions aimed at reforming sentencing procedures in capital punishment cases nationwide.
A three-judge bench led by Justice Vikram Nath, with Justices Sandeep Mehta and Vijay Bishnoi, ordered that Singh’s death sentence remain suspended until the conclusion of his appeals. The court also sought the case records from both the trial court and the High Court, along with translated copies, to ensure they could be effectively considered.
Earlier, the trial court in Bihar and the Patna High Court had awarded Singh the death penalty.
While examining mitigating and aggravating factors and emphasizing the importance of meaningful legal assistance in capital cases, the apex court laid down specific directions for trial courts, High Courts, and legal services authorities.
The top court said in its 13-page order passed on April 27,
“The report pertaining to aggravating and mitigating circumstances shall, as a matter of course, be called for by the trial Court itself once the accused is convicted, prior to the determination of sentence. In the event such a report has not been called for or placed on record before the trial Court, the High Court shall mandatorily call for the same at the stage of admission of the death reference. The concerned authorities shall ensure that such reports are comprehensive, duly verified, and furnished within a stipulated timeframe so as to avoid any delay in the adjudicatory process, and to aid and enable the Courts to undertake a meaningful, and informed, constitutionally compliant sentencing exercise. Upon receipt of such report, the Court concerned shall afford adequate opportunity to the parties to peruse the same and to advance oral submissions thereon. In cases where the reports procured by the trial Court are found to be ineffective or lacking in proper details, the High Court would be at liberty to call for a fresh report,”
The bench further directed that, in every reference for confirmation of a death sentence before High Courts and the Supreme Court, the relevant Legal Services Committee must provide a dedicated legal team. This team is to include one Senior Counsel and at least two advocates with a minimum of seven years of practice to represent the convict.
The court made it clear that such legal representation will be ensured even if the convict has appointed private counsel, so that the court receives complete and effective assistance in all matters relating to the death penalty.
The court said,
“The National Legal Services Authority shall frame and circulate appropriate guidelines identifying the relevant fields of enquiry for gathering mitigating circumstances and may engage trained teams, including legal and social science professionals, to undertake fieldwork involving interaction with the convict, their family, and relevant authorities, for the purpose of collecting detailed information regarding background, antecedents, socio-economic conditions, mental health status, and other relevant factors. Such information shall be made available to the appointed legal team, which shall, in turn, place before the Court a holistic and well-documented account of the convict’s potential for reformation along with all pertinent mitigating and aggravating circumstances,”
The Supreme Court also instructed the State to place probation reports on record, while directing jail authorities to submit detailed reports regarding the appellants’ conduct, work, and behaviour while in custody.
It further ordered psychological evaluations of the appellants through a government medical facility.
In addition, the court permitted mitigation experts linked with NALSAR University of Law to conduct in-person interviews of the appellants to prepare a Mitigation Investigation Report, while ensuring confidentiality and access to relevant medical and socio-economic documents.
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