The Supreme Court of India has scheduled hearings for January 2024 to deliberate on the appropriateness of same-day sentencing in cases involving capital punishment or the death penalty. This decision, led by Chief Justice DY Chandrachud, aims to address the lack of a consistent framework for separate hearings in death penalty cases.
The issue came to the forefront following observations by a previous bench, headed by then Chief Justice UU Lalit, which noted conflicting judgments regarding the necessity of a separate hearing before imposing a death sentence. Recognizing the absence of a uniform approach, the Supreme Court initiated a suo moto petition and referred it to a five-judge bench.
In the latest proceedings, Ms. Vidhi Thakkar, appointed counsel assisting Senior Advocate Siddharth Dave (amicus curiae), was designated as the nodal counsel. The court has directed that all compilations be submitted by December 15, 2023. Senior Advocate Dave highlighted the critical nature of this issue, stating,
“Same-day sentencing in capital punishment cases cannot be permitted,”
and emphasized the court’s duty to consider mitigation circumstances.
Project 39A, an intervenor in the case, argued for the importance of a time gap in same-day sentences and contended that the right to counsel should include the right to mitigation assistance for a fair trial. They asserted,
“If mitigation is an essential part of the right to defense, the right to a fair trial through counsel would also incorporate appropriate mitigation assistance.”
The suo moto petition was initiated due to the absence of a uniform framework for separate hearings in death penalty cases, taking into account the concerns raised in the Manoj & Ors. v. State of Madhya case. This case underscored the importance of a separate hearing and the necessity of a background analysis of the accused, considering factors such as social milieu, age, education, past trauma, family circumstances, psychological evaluation, and post-conviction conduct when deciding on the imposition of the death penalty.
This upcoming hearing in January 2024 marks a significant step in the Indian judiciary’s approach to capital punishment. It reflects the Supreme Court’s commitment to ensuring a fair and just process in the most severe of criminal sentences, where the stakes are life and death.
