Supreme Court To Examine Whether Writ Petition Can Be Filed Against Death Penalty Confirmed By It

The Supreme Court on Thursday said it would examine whether a writ petition could seek the review of its confirmation of death penalty in light of the 2022 verdict asking mitigating circumstances in such cases to be factored in.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta was hearing a writ petition filed by death row convict Vasanta Sampat Dupare, whose sentence was confirmed by the apex court in 2014.

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

In 2017, while dismissing the review petition of Dupare, who had raped and stoned to death a four-year-old girl, the top court called it a case of "extreme depravity".

Senior advocate Gopal Sankaranarayanan, appearing for Dupare, said the top court court would have to examine the question whether the 2022 verdict, which said mitigating circumstances have to be considered by trial courts in death row cases, would apply in this matter or not.

Advocate general of Maharashtra, however, said the convict couldn't file a writ petition under Article 32 of the Constitution to challenge an order of the Supreme Court which has attained finality and he had to file a review petition instead.

Justice Nath agreed with the submission of the advocate general and wondered if the Supreme Court while exercising its jurisdiction under Article 32 could hear the appeal over the three-judge bench verdict confirming the conviction and the sentence.

"Would it not be appropriate if you come up with an application in that proceedings itself that can be considered? It is a dangerous proposition that after any judgment or a matter which is closed can be opened up under Article 32," the judge said.

Sankaranarayanan referred to two 2014 verdicts of the apex court in death row cases and said both were passed on writ petitions.

Justice Karol asked Sankaranarayanan, "In view of the submissions of the advocate general, are our hands not tied under Article 32?" The bench suggested Sankaranarayanan to file a review petition for an examination by the apex court.

The senior lawyer then sought time to persuade the court, which posted the hearing on April 3.

Dupare, hailing Nagpur, killed the child in April 2008.

He had lured her with chocolates and after raping her, crushed her head with stones to avoid identification of the body.

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