Death sentence can be challenged under Article 32 for procedural lapses: SC

Article 32 of the Constitution empowers the court to reopen sentencing in cases of capital punishment on grounds of breach of procedural safeguards, the Supreme Court said on Monday while agreeing to hear again a death row convict's plea.

Vasant Sampat Dupare, who belongs to Nagpur, was convicted of raping and killing a four-year-old in April 2008. He lured her with chocolates and crushed her head with stones to avoid identification of the body.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta allowed the convict's plea filed under Article 32 noting that there had been a breach of procedural safeguards.

It also cited the 2022 Manoj Vs Madhya Pradesh judgement in which the top court issued several guidelines and mandated the trial courts to collect the accused's psychiatric and psychological evaluation report before awarding death.

"We hold that Article 32 of the Constitution empowers this court in cases related to capital punishment to reopen the sentencing stage where the accused has been condemned to death penalty without ensuring that the guidelines mandated in the Manoj vs Madhya Pradesh was followed," the bench said.

"This corrective power is invoked precisely to compel rigorous application of the safeguards laid down in Manoj judgment in such cases, thereby ensuring that the condemned person is not deprived of the fundamental rights to equal treatment, individualised sentencing and fair procedure that Articles 14 and 21 of the Constitution secure to every person," the bench said.

The top court also said the exceptional scope of Article 32 cannot be permitted to become a routine pathway for reopening concluded matters.

"Reopening will be reserved for only those cases where there is a clear, specific breach of the new procedural safeguards, as these breaches are so serious that if left uncorrected, they would undermine the accused person's basic rights like dignity and fair process," the bench said.

The top court maintained the conviction but set aside the 2017 view taken on sentencing for the present and placed the matter before Chief Justice of India B R Gavai for appropriate listing of the case to be heard afresh.

Dupare's sentencing was confirmed by the apex court in 2014.

His review petition against the November 26, 2014 verdict was dismissed by the apex court on May 3, 2017. He then filed mercy petitions before the Maharashtra governor and the president, which were rejected in 2022 and 2023, respectively.