Can revisit death penalty under Article 32, says SC

SC, HOWEVER, SAID THAT SUCH A RIGHT PROVIDED TO CONVICTS SHOULD NOT BE MISUSED TO REHEAR THE ENTIRE CASE

- Abraham Thomas

The Supreme Court on Monday held that it can revisit a death sentence on a writ petition filed under Article 32 of the Constitution, which gives power to the top court to enforce fundamental rights of citizens.

The decision passed by a three-judge bench, however, cautioned that such a right provided to a death row convict should not be misused as an occasion to rehear the entire case. Instead, the court held that the petition under Article 32 may look into the correctness of the sentence by examining whether the convict deserves a lesser punishment in the light of mitigating circumstances, which could include a psychological evaluation.

The bench of justices Vikram Nath, Sanjay Karol and Sandeep Mehta held, “In cases related to capital punishment, the corrective power can be invoked by this court under Article 32.”