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8h ago

Supreme Court Reopens Death-Row Sentencing Under Article 32, Orders Fresh Hearing in Dupare Case

The ruling creates an exceptional pathway for sentence review where mandated mitigation safeguards were not applied.

The Supreme 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 (HT)

Overview

  • A three-judge bench set aside its May 3, 2017 order on punishment and sent the sentence-only issue for listing before the Chief Justice of India.
  • The court held it can invoke Article 32 to reopen capital sentencing when the Manoj (2022) safeguards on individualized mitigation were ignored.
  • The judges stressed this power is reserved for rare breaches that would otherwise undermine the right to life, not for routine reopening of concluded cases.
  • Dupare’s conviction for the 2008 rape and murder remains intact after earlier affirmation in 2014, a review dismissal in 2017, and rejected mercy petitions in 2022 and 2023.
  • Legal reporting says the clarification may prompt petitions from other pre-2022 death-row prisoners seeking sentence reviews where mitigation evidence was not considered.